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(영문) 창원지방법원 진주지원 2019.05.09 2019고단221

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant and the victim B (the age of 66) have been divorced at trial around November 2017, and the defendant paid approximately KRW 170 million to the victim as property division, but they did not pay it as property division.

On February 21, 2019, at around 10:45, the Defendant, at the dwelling space of the Defendant, brought about a dispute with the victim in the above C lending D, which is a residence of the Defendant, and after making the victim's booms with both descendants, the Defendant divided the victim's booms ( approximately 10cm x 10cm mm) adjacent to the sofac.

On the other hand, the Defendant saw a saw (33 cm in length) which is a dangerous object used when the kitchen scam was under the kitchen scam. The Defendant scams the saw the victim who was scamed in the above saw the victim who was scam in the above saw by the victim's escape due to the small amount of damage. The victim scams down the victim's left hand by knife the knife with the victim's left hand, and knife the knife with the victim's left hand, and knife the knife by the victim.

As a result, the defendant carried dangerous objects and put about about five weeks of treatment to the victim, such as the 4th left-hand mar fever, the left-hand mar fever, the third left-hand mar column, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutor's office concerning B;

1. A medical certificate of injury, or medical record of a victim (a photograph of an injured father);

1. On-site photographs of the case;

1. Application of the existing Acts and subordinate statutes of seized blades (No. 1);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to violent crimes. < Amended by Presidential Decree No. 17588, Feb. 1, 201; Presidential Decree No. 17514, Feb. 2, 2011>