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(영문) 대전지방법원 2020.06.25 2020고단807

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 19, 2019, the Defendant: (a) around 11:00, at the home of the Defendant’s heading in Daejeon Pungdong-gu B, she saw the Defendant as a brick, which is a dangerous thing that had been mashed during the dispute with the wife C (Min, 66 years old) and the money, and said that the Defendant Mad the victim “hy and killed.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Around 23:05 on December 26, 2019, the Defendant suffered special injury: (a) reported the Defendant who dices alcohol at the Defendant’s house and returned home; and (b) took a knife (19cm in knife length) which is a dangerous object where the victim was asked to “dice a woman and alcohol; and (c) took two times the victim’s face face by other hand; and (d) the victim took a part of the Defendant’s room to have the knife the knife, and sent the knife in which the knife had the knife.

On the other hand, the defendant continued to sit in the room of the victim who was in the room of the victim who was in the room of the victim, and brought about two parts of the defendant's body, which are dangerous objects in the room of the victim, and threatened the victim's head with other hand, and needed a medical treatment for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to damaged photographs and mermograph photographs;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (the occupation of special intimidation and the choice of imprisonment), and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;