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(영문) 대구지방법원 2018.04.19 2017고단6466

특수상해

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2017, at the defendant's house located in Daegu Northern-gu B apartment No. 106, 415 on 03:0 on 15, 2017, the defendant listens to the contents of the telephone conversations of the mobile phone used by the wife C (n, 36 years of age) who is an employee and the victim who is doubtful that the victim would be out of the ward, who was suspected of being employed by the employee, and led the victim to the external fact, while pursuing the external fact, the defendant has a knife (30cm in length, 18cm in length on knife) which is a thing dangerous to the victim's face at the time when the victim's face can be taken by hand and drinking. When the victim's face continues to take one time with a knife and knife and knife the victim's face while taking part in the victim's face.

As a result, the Defendant inflicted bodily injury on the victim, such as the cross-face of face that requires approximately three weeks of treatment, the breast, the shoulder open upper room, and other following bridge parts, the open upper room of knee and the open upper room of knee.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Seizure records;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes concerning a copy of the diagnosis of injury, knife photograph, victim's body photograph, and clothes photograph;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of inflicting an injury on the victim is very poor by knife, which is a dangerous object for sentencing under Article 48(1)1 of the Confiscation Criminal Act.

However, the fact that the defendant recognizes the crime, the degree of damage of the victim is not heavy, and the victim does not want the punishment of the defendant so far, and the victim is not subject to punishment twice by assault, etc.