beta
(영문) 울산지방법원 2020.09.10 2019고단4519

특수상해등

Text

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

However, 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 of "2019 Highest 4519" is the victim B (year 42) and the de facto marriage from March 2019 and married around September 2, 2019.

On July 23, 2019, at around 13:00, the Defendant, at the residence of the Defendant located in Yong-gun C building D in Yong-gun, Chungcheongnam-gun, Kim Young-gun, had drinking together with the victim. The Defendant brought the kitchen knife with the hand floor of the victim, who was in the kitchen, who was in the kitchen with the knife with the knife, and brought the victim the kitchen knife at the bar, and brought the victim “I will not be counted as a tax base for non-taxation.” On July 23, 2019, the Defendant had a knife (15cm in total length, 10cm in knife length) which is a dangerous object that the victim would not have any particular reaction, and had the victim and the victim suffered injury, such as the upper part of the knife, the treatment period of which cannot be known.

The Defendant got married around September 2, 2019 while maintaining de facto marital relations between the victim B (the age of 42) and the de facto marriage from March 2019.

On January 21, 2020, the Defendant: (a) around 14:10, on the ground that the victim’s body in front of Yangsan-si E cannot be easily debrised; (b) taken one-time the part of the victim’s face; and (c) taken one-time back the part of the victim’s left side, which does not occur beyond the floor, on the ground that the victim’s body cannot be debrised in front of Yangsan-si E.

As a result, the Defendant placed the victim on the left side of the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to photographs, kniffic photographs, victim photographs, and photographs of the upper part of the body;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 257 (1) of the Criminal Act (the occupation of bodily injury and the choice of imprisonment) of the same Act;

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

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

1. Article 62 (1) of the Criminal Act;

1. Probation and medical treatment order;