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(영문) 춘천지방법원 강릉지원 2017.01.11 2016고단1544
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (son, 44 years old).

On September 7, 2016, at the defendant's house located in the East Sea around 20:45 on September 7, 2016, the defendant collected the victim's face in the main room, who was a dangerous thing in the ward, without any reason under the influence of alcohol, and got out of the victim's face. On the other hand, the defendant got out of the victim's right edge, such as the right edge of the victim.

Defendant 1 carried dangerous articles as above and suffered injury, such as the injury to the victim, the injury to the victim, such as the injury to the victim, the injury to the right light, and the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs of parts of the injury of each victim, and household photographs;

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

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The execution of a sentence shall be suspended on the condition that the defendant’s punishment shall be determined within the term of imprisonment mitigated considering the following factors: (a) protection observation and attendance order under Article 62-2 of the Criminal Act; (b) Article 59 of the Act on the Protection, Observation, etc. of the said Act; (c) the result of the injury is relatively minor; (d) suspension of qualifications or more criminal records; (c) the defendant and the victim have no relationship with the victim; (d) the current family situation; and (e) the relationship with the support; and (e) the defendant shall be subject to protection and observation

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