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(영문) 광주지방법원 장흥지원 2018.07.05 2018고단12

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Defendant was married on September 2, 2015, and around September 2015, but is still living separately from around October 2017.

The victim C(n, 43 years of age) is the same child in the above B.

around 16:00 on October 3, 2017, the Defendant dialogueed with the victim B and the victim at the inside of the residence of the wife B located in Heungung-gun, Seoul, Seoul, on the ground that the victim took part in the marital issues, and the victim took part in the marital issues, and lided from the fraud material, which is a dangerous object in the room, and lided the victim's head, caused the victim to take up two open steps in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement concerning C;

1. Application of Acts and subordinate statutes to report internal death (in-depth photographs and diagnostic notes);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act for the protection and observation of the protection and the reasons for sentencing, and all the conditions of sentencing as indicated in the record and arguments, including the defendant's age, sex, environment, circumstances of the crime, and circumstances before and after the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The defendant recognized his mistake and reflects, the degree of injury suffered by the victim is relatively not much severe, and there are no criminal records other than the punishment of a fine of KRW 300,000 by driving without a license in 2013, and the defendant suffers from a disease that requires continuous observation and treatment due to a traffic accident after the occurrence of the instant case.

An unfavorable sentencing factor: The instant crime was committed out of a dangerous object, resulting in an injury upon the victim’s head, and thus, may lead to a serious danger to the life and body of the victim, and the Defendant is not liable for the crime.