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(영문) 부산지방법원 동부지원 2016.11.23 2016고단1778
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the defendant decided to divorce with the wife B (58 years of age, female) but there was a dispute over the division of property.

On August 6, 2016, around 13:15, the Defendant: (a) at his own house of Busan Metropolitan City C 104 - 503 - 104 - 503 on August 6, 2016; (b) reported that the victim and his mother dispute about the issue of selling an apartment for the division of property; and (c) sought a food map (30cm in length) which is a dangerous thing in the main room and tried to see the victim; (d) the victim knife knife knife knife knife knife knife knife knife

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as the left-hand shots, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes of domestic violence reports, investigation reports, food photographs which are dangerous objects, upper parts and photographs of victims' grandchildren, investigation reports (Attachment of a medical certificate), investigation reports (Attachment of a certificate of entry and discharge), and written confirmation of entry and discharge;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account favorable circumstances among the reasons for sentencing) is that the instant crime inflicted bodily injury on the victim in knife, and is disadvantageous to the nature of the crime.

However, there are more favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflects the defendant, the fact that the defendant seems to be highly healthy because he is out of the climatic disease, the fact that the defendant tried to threaten the victim by breaking the form of the victim who argued the mother-child relationship, the fact that the degree of injury of the victim is not very serious, and the fact that the defendant has no criminal record exceeding the fine is more favorable.

The age, character and conduct, environment, and means of crime of the defendant.

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