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(영문) 서울남부지방법원 2021.01.20 2020고단4181

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 02:50 on July 28, 2020, the Defendant, at the house of the Defendant, who was located in Guro-gu Seoul Metropolitan Government B lending C, laid off the victim D (the 51-year old), who was the denied victim D (the 51-year old) with drinking and late drinking, brought about the victim's head two times by drinking the victim's head, and laid down the victim's head two times by gathering the knife, which is a dangerous thing in the kitchen, and put the victim into a knife to prevent this.

As a result, the defendant carried a knife, which is a dangerous thing, and inflicted an injury on the victim in an open top of the elbbow in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the witness D;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The reason for sentencing of Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts lies in a majority of the criminal records of identical violent crimes, and the defendant committed the instant crime again even though he/she committed several times against the victim, despite having committed a crime against the victim by an associate.

Furthermore, the crime of this case is an injury to a victim, who is his spouse, in knife, which is a dangerous thing, and is very bad in view of the nature of the crime.

The injured person does not want to live together with the injured person's prior action against the defendant.

Although the defendant continues to restrain domestic violence against the victim even in the victim's use, and the degree of repeated exercise of force is also serious, it is inappropriate to select the defendant in consideration of the important sentencing factors.

In this context, the Defendant’s age, sex, environment, motive, background, means and consequence of the instant crime, and the circumstances after the commission of the crime shall be determined as ordered in full view of all the circumstances.