특수상해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2016. 11. 28. 17:00 경 대구 동구 C에 있는 피고인의 주거지에서 , 아내 인 피해자 D( 여, 74세 )에게 인출한 현금 20만 원의 사용처에 대하여 따지던 중 화가 나 부엌에 있던 밥 주걱으로 피해자의 왼쪽 뺨을 때리고, 계속하여 위험한 물건인 믹서기를 피해 자의 머리를 향하여 휘두르고, 이에 맞아 쓰러진 피해자의 멱살을 잡고 현관 앞으로 끌고 가 발로 찼다.
As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, which requires medical treatment for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of each internal investigation report (No. 3, 4, 5 of evidence list);
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: (a) the sentencing conditions specified in the records and arguments of the instant case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined in light of the overall sentencing conditions specified in the text.
D. Unfavorable circumstances: The crime of this case was committed by carrying dangerous mixtures and causing injury to the victim (which seems to be currently pending in divorce proceedings). It is not good that the crime of this case is committed.
The injured person is trying to severely punish the accused.
The defendant's mistake is recognized as a favorable circumstance.
Defendant has no record of punishment for the same kind of crime, and has no record of criminal punishment exceeding fine.