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(영문) 대구지방법원 2017.03.16 2016고단6482
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around October 2016, the Defendant married with the Victim B (40).

On December 2, 2016, the Defendant: (a) around 21:10, the apartment house where the Defendant is living in Daegu Jung-gu, Daegu-gu; (b) the victim is suspected of drinking another female; (c) the victim’s blocks several times; (d) the victim’s blick, which is a dangerous object taken by hand, has 5cm in total length (5cm); and (d) the kitchen knick (30cm in total length, 18cm in length) which is a dangerous object in hand, caused the victim’s injury on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

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

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching photographs No. 1 and 2 of seized articles), investigation reports (in cases of attaching photographs No. 1 and 2 of the evidence of the victim);

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing has been repeatedly taken into account in favor of the sentencing)

1. The sentencing criteria are not set for the crimes of special injury;

2. Circumstances unfavorable to the determination of sentence: In light of the motive for the crime, the instrument of the crime, the method of the crime, the method of the crime, etc., and the degree of injury that are highly dangerous: The defendant is led to confession and reflective circumstances. The victim, who is the husband, does not want the punishment of the defendant. There are some other extenuating circumstances, such as the circumstance leading to the crime in an unstable state of mental disorder, etc., and other circumstances that are conditions for sentencing, such as the defendant's age, occupation, sex, environment, and conditions after the crime, etc.

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