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(영문) 수원지방법원 안양지원 2017.07.25 2017고단1001

특수상해

Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C (V, 53 years old) and the legal couple who married around November 19, 1989.

On June 8, 2017, the Defendant: (a) around 03:24, the Defendant: (b) at the residence of Annyang-gu Mangdong 103 Dong 1303, Annyang-gu, Annyang-gu, Annyang-si, on the ground that the victim was prevented from taking a sound and taking a bath while under the influence of alcohol; (c) the Defendant: (d) caused the victim to fluoral disease, which is a dangerous object in the room; (d) caused the victim’s garrising part to tear about 20 meters of the victim’s garris; and (d) caused the victim to inflict an injury, such as a brain spathy, two-day medical treatment, open body, etc., for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. The application of Acts and subordinate statutes to photographs and diagnostic instruments taken of parts damaged by damage;

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

1. 집행유예 형법 제 62조 제 1 항 양형의 이유 - 유리한 정상: 피고인이 자신의 잘못을 인정하고 있는 점, 피해자와 합의한 점, 피고인이 초범인 점 - 불리한 정상: 검찰에서 조사를 받을 당시 까지도 자신은 술병으로 때린 것뿐이고 괜히 피해자가 상처가 난 것이라며, 피해자에게 책임을 돌리는 등 반성하지 아니한 점