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(영문) 청주지방법원 제천지원 2018.07.26 2018고단156
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On April 1, 2018, at the defendant's house located in Yangyang-gun C around 23:47, the defendant was demanded by the person related to de facto marriage who resides together with the defendant to take a Hague on the ground that he does drinking and does fluorous behavior from D (Inn, 42 years of age) from the victim D (the defendant), who is in a de facto marital relationship, and the defendant took a kitchen (34 cm in length, 20 cm in length, knife, 20 cm in length, 9 cm in length), which is a dangerous object in the kitchen at the same place, and threatened the victim with the brush and sludge as the victim's items, and the victim threatened the victim with the victim as "the deceased."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs at the time of the case submitted by victim D);

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where he/she commits a crime by carrying a deadly weapon or other dangerous articles, which is subject to a special aggravated punishment from six months to two years, in the scope of general injuries of the recommended punishment according to the sentencing criteria;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

Disadvantageous circumstances: Dangerous things, which inflict an injury on the victim's fingers by cutting the victim's fingers, are heavy in the nature of the crime and the crime.

The degree of injury is not easy.

A person who was unable to receive an explanatory note from the injured party.

The favorable circumstances: The mistake is recognized and reflected.

It is a contingent crime.

There is no record of the same crime.

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