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(영문) 대구지방법원 2017.02.03 2016고단4983

특수상해

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(43) are married couple.

On August 19, 2016, the Defendant: (a) around 16:30 on August 19, 2016, at the Gansan-si Da head room 302, the residence of the victim and the defendant, Da head room 302, which is the residence of the victim, made a defect in order to make the victim ask for the money received as a basic living cost, and (b) put the victim into a bend part of the oral hos for women, which is a dangerous object at the entrance of the entrance of the entrance, with the head of the victim having no head open, for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Statement in the written diagnosis (C);

1. Application of Acts and subordinate statutes on images of oral pictures;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (restatement of favorable sentencing conditions among the reasons for the sentencing as set forth below) is that, although the defendant made verbal injury upon the victim's head's father, the degree of injury inflicted on the victim does not seem to be serious, the defendant expressed his intention not to punish the victim by mutual consent with the victim, and that the defendant has no record of criminal punishment other than once punished by a fine, etc., the sentencing conditions favorable to the defendant, such as the defendant's age, sexual behavior, and circumstances after the crime, etc., shall be determined as set forth in the Disposition.