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(영문) 대전지방법원 2016.06.22 2016고단366
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On November 30, 2015, the Defendant: (a) brought a dispute with the victim C (here, 68 years of age) living together in his/her residence located in Daejeon-gu Daejeon-dong-gu, Daejeon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

As a result, the victim's head was faced with the door frame by cutting down the victim's boom with the brue and cutting down the victim's brue, and the victim's head was faced with the victim's brue, and the victim was faced with approximately two weeks of treatment.

2. A special assault Defendant brought a knife (16cm in length, 24cm in total length) which is a dangerous thing in a kitchen on the ground that the said victim resisted the kitchen at the same time, time, and place as described in paragraph 1, and reached a knife at several times.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. Protocols of seizure and list of seizure (lists of evidence 4, 5);

1. Application of statutes, such as written opinions;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the option of the punishment) concerning the crime, and Articles 261 and 260(1) of the Criminal Act (the point of assaulting carrying dangerous articles, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) 1 Crimes - Special Assaults - (Scope of recommendations / Special Assaults / Special Assaults 6 (Habitual Offense, Cumulative Offense, Special Assaults). In the event that the degree of violence is minor, punishment is not imposed

(b) 2nd offence - Crimes of Bodily Injury [Scope of Recommendation] General Bodily Injury (General Bodily Injury) in the area of special mitigation (one month to one year) (Special Mitigation Person], Non-Bodily Injury or Punishment

(c) The scope of final sentence due to the aggravation of multiple offenses: two months to one year and eight months;

2. Determination of sentence of punishment of this case is disadvantageous to the fact that the nature of the crime of this case is not good, and that there are many criminal records of violence.

A victim shall be a person who has made a smooth agreement with the victim.

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