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(영문) 광주지방법원 2016.04.27 2016고단397

특수상해

Text

The punishment of the accused shall be determined by six months of imprisonment.

The defendant shall be free from the defendant of excessive one man (No. 1) that has been seized.

Reasons

Punishment of the crime

On January 18, 2016, the Defendant was divorced from the victim D (V, 46 years old), and the Defendant was suspected that the victim and his children met once a month in the presence of the victim and his children, and the victim did not receive contact from around January 18, 2016, and the victim was living together with another male.

On February 7, 2016, at around 20:00, the Defendant asked the Defendant’s father’s wife to “lick contact with the Defendant to see that money would be needed, leaving the house,” and possessed the materials dangerous to the kitchen, which are dangerous things (23cm in total length, 11cm in length on the day) and waiting for the victim at around 20:25 on the same day, the Defendant took the victim’s clothes by putting the victim getting out of the elevator and towing the victim into the house, and putting the victim’s clothes “no longer live,” and cut off the victim’s face about 6-7 minutes by breaking the excessive amount.

Accordingly, the defendant carried dangerous things with the victim, thereby damaging the face that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D;

1. A protocol of seizure and a list of seizure;

1. Medical opinions;

1. Application of the relevant Acts and subordinate statutes to each photograph (exploited articles, on-site, and damaged parts);

1. Articles 258-2 and 257 (1) of the Criminal Act relating to 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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. An offense for which the sentencing criteria are not set;

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, background of the crime and circumstances after the crime, as described below six months of imprisonment.

불리한 정상: 과도를 휘둘러 피해자의 얼굴 부위를 6~7 회 베어 60 바늘을 꿰맬 정도의 상처를 가한...