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(영문) 대전지방법원천안지원 2020.08.28 2019고단3199

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 is the husband of the victim B (son, 61 years of age).

At around 20:30 on September 10, 2019, the Defendant: (a) expressed that the knife (30cc in total length, 20cc in knife length) of the victim, which is a dangerous object that the victim had been in the air and in the air, had a knife with the victim as a matter of the victim’s obligation; (b) on the part of the victim’s head, the Defendant expressed that the knife (30cc in total length, 20cc in knife, and knife in knife in knife) was the victim’s knife as a part of the knife, etc.; (c) when the face was taken as drinking, the Defendant knife of the face

Summary of Evidence

1. A written diagnosis of the witness B's legal statement, and a medical record paper;

1. Application of statutes on site photographs;

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

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

1. Determination as to the defendant's assertion of Article 62-2 of the Criminal Act regarding probation and community service order

1. The gist of the assertion is that the Defendant stated the victim’s knife with the victim’s knife as the facts charged.

The defendant was only once on the part of his head, such as a knife, etc., and there was no fact that he was committed several times, and in such cases, the defendant cannot be deemed to have inflicted an injury on the victim by carrying a dangerous object.

While the defendant is under physical fighting with the victim, he/she has taken the face of the victim in the process of resisting the elblue of the victim, but he/she has not taken the face in drinking.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the fact that the defendant committed an act identical to that stated in the facts charged can be fully acknowledged.

Therefore, the defendant's assertion is not accepted.

A. The victim consistently stated that he/she had injured himself/herself as stated in the facts charged.

The statements of the victim are consistent, concrete, and the attitude of the victim in this court.