beta
(영문) 인천지방법원 2016.01.14 2015고단7163

상해등

Text

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

Reasons

Punishment of the crime

The defendant is in a de facto marital relationship between C and the victim D (the age of 65) with C.

1. On September 27, 2015, the Defendant suffered injury on the ground that at the house of the Seo-gu Incheon, Seo-gu, and the second floor C, the victim does not easily clean and gather his father well.

Therefore, while the defendant has been suffering from a dispute with the victim, the defendant taken two-time faces of the victim by drinking the victim's chest by walking the victim's chest.

The defendant continued to flee out of the house, and went beyond the victim's chest by walking out the victim's chest, and took the victim's face and vessel.

As a result, the Defendant inflicted bodily injury on the victim, such as the 2nd body of L2 requiring treatment for about 84 days.

2. Where the Defendant is dissatisfied with the victim at the time and place specified in the foregoing paragraph (1), he/she takes a kitchen knife (18cc in length) which is a dangerous thing in the kitchen at the same time and place, and the Defendant wishes to kill the victim while living together with the victim.

“.....”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the surface of the victim, part of the victim, and field photographs;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of threat of carrying a deadly weapon) of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Crimes No. 1 [the scope of recommendations] in the basic area (4 months to 1 year and 6 months) of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 50 of the Act on the Aggravated Punishment of Specific Crimes, Article 1 of the Act on the Aggravated Punishment of Specific Crimes (the scope of recommendations) 2 of the Act on the Aggravated Punishment of Specific Crimes (the scope of special mitigation (1 and 4) of the Act on the Aggravated Punishment of 4 Types (the scope of recommendations) of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2 of the Act on the Aggravated Punishment of Specific Crimes: April to two years (the sentence shall be pronounced).