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(영문) 서울남부지방법원 2020.10.16 2020고단3812

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 is a person who has no certain occupation and was in a de facto marital relationship from around 2005 to August 2019 with the victim B (n, 60 years of age).

At around 22:50 on June 20, 2020, the defendant mentioned the appearance of the victim suffering from mental disorders in the dwelling of the defendant of Gangseo-gu Seoul Metropolitan Government C building D, referring to the appearance of other women, fluencing time expenses, and flucing the head side of the victim fluencing in the kitchen knife, which is a dangerous object in the kitchen, fluenc in the kitchen, knife two times, and 2 flucs on the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. A report on internal investigation (related to the telephone statement of 119 first responders dispatched to the scene);

1. Investigation report (to attach a list of 112 reported cases and photographs of criminal tools);

1. Application of Acts and subordinate statutes to the 112 reported case treatment table, kitchen-car photographs;

1. Articles 258-2 and 257 (1) of the Criminal Act applicable to discretionary mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Code Article 62(1) is more important in that the defendant inflicts bodily injury on the victim with a high risk knife.

However, the defendant led to the confession of the defendant, the defendant maintained de facto marital relationship with the victim with mental disorder, and even if the victim was punished by damaging the property in the house or assaulting the defendant, it seems that the defendant committed a contingent crime by interesting to doubt the appearance of other women, and the degree of injury to the victim is relatively not much severe, and the victim does not want the punishment by agreement with the victim, the victim does not want to be punished, the other defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the sentencing conditions stated in the arguments and records of this case, such as circumstances after the crime, shall be determined in consideration of all the conditions

order for any reason above.