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(영문) 대전지방법원 2018.07.05 2018고합191

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2017, the Defendant, at around 21:00 on August 22, 2017, was the victim D (66) who is her husband at the home of the Defendant located in South-gu, South-gu, East-gu, South-gu, the Defendant did not die twice once.

The victim injured the victim's right body once by gathering the upper part ( approximately 21 cm in total length, approximately 13 cm in length on the day), which is a dangerous object, and caused an injury to the treatment number of days of treatment, such as fiffing once the victim's right body, fiffing the left part of the upper part, and fiffing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Victims and field photographs at the time of the case;

1. Application of existing Acts and subordinate statutes of one (No. 1) above, seized as one of the above-mentioned provisional Acts and subordinate statutes;

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The sentencing criteria are not yet prepared for special injury crimes provided for in Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, within the scope of the recommended sentencing guidelines.

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for one year; the crime in this case is a dangerous thing that the defendant inflicts a bodily injury on the victim's arm and left hand with a dangerous thing, and is a bad in the nature of the crime in light of the means and result of the crime;

However, the defendant recognized his mistake and reflects, the defendant seems to have committed the crime of this case by contingency while suffering from bullying from her husband, there is no criminal record against the defendant, and the victim does not want the punishment in favor of the defendant, and other arguments of this case, such as age, sexual conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc.