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(영문) 제주지방법원 2019.07.12 2018고단2464

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant married with the victim B (here, 44 years of age) before about 20 years, and divorced from the victim on March 2018, but became the victim's living expenses and childcare problems from around September of the same year.

At around 21:40 on October 26, 2018, the Defendant carried two blades (30cm in total length, 18cc in length and 33cm in length, 21cc in total length and 21cc in length) in which the Defendant had drinking with the victim while the Defendant had a cream dispute with the victim with respect to drinking, and the Defendant carried two blades (30cm in total length, 18cm in length and 33cm in length, 21cm in length) with the hand, tight parts of the victim’s knife, knife the knife into two knifes of the victim’s two knife, into the end of the knife’s knife, and damaged the victim’s knife and part of the knife for seven days in order to treat the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to related photographs and diagnostic notes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is not good, but the fact that the defendant acknowledges and reflects his mistake, the victim does not want the punishment of the defendant, and the defendant's age, character and conduct, environment, means and result of the crime, and all the other factors of sentencing as shown in the records and arguments of the case, including the circumstances after the crime, shall be determined as ordered by the court.