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(영문) 부산지방법원 2017.01.18 2016고단7269

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From January 2, 2012, the Defendant and the victim C (61 tax) lived with the victim's house located in D1st century in Busan Metropolitan City from January 2, 2012 to November 5, 2016. On November 5, 2016, the Defendant sent one horse out of 3 math of the riverland he/she was taking advantage of and drinking alcohol, and around November 6, 2016, the Defendant came to have a dispute with the victim by sending his/her baby from the home of the above victim's house to the adoption.

피고인은 2016. 11. 6. 09:30 경 위 피해자의 집 안에 있는 식탁에서 피해자와 다시 말다툼을 하다가 피해자가 빨리 이사를 가라고 하자, 이에 화가 나서 거실 옆에 있던 주방에서 위험한 물건인 식칼( 칼날 길이 21cm) 을 오른손에 쥐고 피해자와 함께 있던 식탁으로 돌아와 피해자와 실랑이를 하다가 피고인의 오른손에 쥔 식칼로 피해자의 오른쪽 어깨 윗부분을 위에서 아래로 2회 내리쳤다.

As a result, the defendant carried a knife, which is a dangerous thing, carried a knife and carried about about two weeks of treatment to the right side, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each investigation report, victim's photograph and knife photograph, seizure protocol (voluntary submission), list of seizure, medical opinion, copy of medical record, photograph, and Acts and subordinate statutes of records and records taken out;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into consideration that there is no history of criminal punishment exceeding a fine, the depth of the crime is against the victim, and the victim is not subject to the punishment of the defendant when an agreement is reached with the victim);