beta
(영문) 대전지방법원 2019.08.30 2019고단2486

특수상해

Text

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

A seized knife (No. 1) shall be confiscated.

Reasons

Criminal facts

On April 12, 2018, the Defendant was sentenced to two years of suspension of execution on April 20, 2018 by the Daejeon District Court for special assault, etc., and the said judgment became final and conclusive on April 20, 2018, and is currently under suspension of execution.

From February 2016, the Defendant came to die with the victim B (n, 39 years of age) and maintained de facto marriage from May 2017 to the present.

The Defendant, at around 01:00 on July 7, 2019, at the Defendant’s house located in Seo-gu, Seo-gu C and D, on the ground that the victim was unable to find the pet dog after having lost the pet dog outside of the country, she saw the Defendant as a hand with a large voice of “this Chewing year, salvine, salvine,” and 1 knife a knife (the total length of 33 cm, the knife length of 22 cm), which is a dangerous object on the wnife of the wnife, as the knife would be knife to the face of the victim, and put the knife part of the knife of the knife that knife, as the knife occurred rapidly by the victim. As the last part of the above knife the victim’s knife.

As a result, the Defendant carried a knife knife, which is a dangerous thing, and carried the victim's number of days of treatment, was suspended, and the victim's self-confise madumumumumum was committed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Records and lists of police seizure;

112 Reports, detailed statements of processing and investigation reports; and

1. Details of conversation;

1. Previous records of judgment: Criminal records, investigation reports (facts during the period of suspension of execution of a suspect, and facts of the same kind and five times of violence), search screen of consolidated cases, and application of Acts and subordinate statutes governing judgment;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Legal provisions;