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(영문) 창원지방법원 마산지원 2016.07.06 2016고단401

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

The defendant is between the victim B and the married couple who reported on April 6, 1989.

At around 15:40 on December 2, 2015, the Defendant: at the Defendant’s house located in Changwon-si, Changwon-si, Changwon-si, Mapo-si, the Defendant: (a) pushed the Defendant’s home room in which the victim refused the Defendant’s request for sexual intercourse; (b) pushed the victim, who was seated, was able to see the Defendant’s appearance; and (c) laid the knife the knife, which is a dangerous object in the kitchen (the total length of 31cm, the knife length of the knife, 19cc) and cut the victim’s left hand and the left knife in the knife.

Defendant carried dangerous things as above and put the victim at the left hand, which requires approximately 2 weeks of treatment, and the left slick on the left hand of about 2 cm length.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol prepared by the police against B;

1. A report on internal history (to be accompanied by knife knife and victim's upper body photograph) and attached photograph, knee knee-de photo;

1. A written diagnosis on B;

1. Application of Acts and subordinate statutes to the written response for appraisal commission;

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 this case on the grounds of sentencing of Article 62-2 of the Criminal Act for the protection and observation of the protection and the punishment of this case is that the defendant carried a knife, which is an dangerous article, and inflicted an injury on the denied victim for about two weeks in need of medical treatment, and its nature is not good, conflict between the defendant and the victim continues, and the defendant does not receive any knife from the damaged victim, taking into account the fact that the defendant recognized the defendant's wrong act and reflects it, without any power, and again does not repeat the same crime.

The suspension of execution that orders the observation of protection as specified in the order shall be sentenced in consideration of the fact that it is different, etc.