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(영문) 의정부지방법원 2017.06.08 2016고단5655

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On November 5, 2016, the Defendant: (a) 22:10 on November 5, 2016, the victim D (the 53 years old) who is the spouse at his or her home, was late at the home to the victim D (the 53 years old), who was the spouse; (b) bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit

“The victim’s breath is humping off four times with the victim’s hand floor, and the victim’s booms twice with drinking, which requires approximately two weeks of treatment, such as the victim’s impairment of face list.

2. The Defendant of special intimidation uses the kitchen knife (the total length: 30cm and the knife length: 20cm), which is a dangerous thing in the kitchen, after causing the injury to the victim at the above time, at the above place, and then causing the death to be discarded.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Photographss of a text message and a knife photograph submitted by the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act and Articles 284 and 283(1) of the Criminal Act concerning facts constituting an offense (a threat to carry dangerous articles);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Imprisonment with prison labor for a period of one month to ten years from the date on which the punishment is imposed by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 4 (Habitual, Cumulative, Cumulative Crime and Special Intimidation) (Special Sentencing) mitigation element: In the mitigated area of punishment [Determination in the sphere of recommendation] mitigated area of punishment [the scope of recommendation] mitigated area of punishment [the scope of recommendation] - 4 months to 1 year;

(b) Type 1 (General Sentencing) (person in charge of special sentencing) (i.e., determination of types) and (ii) mitigated factors: Imprisonment with labor for 2 months to 1 year; and

(c) Scope of the recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months from one year to six months;

3. The following circumstances shall be determined by sentence: