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(영문) 춘천지방법원 속초지원 2021.01.07 2019고단565
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 and the victim B (n, 54 years old) are divorced on May 2019.

On September 29, 2019, the Defendant found that there was a talk about D operated by the victim of the damage in the Hanyangyang-gun C around 13:00 on September 29, 2019, and there was a talk about the victim.

In other words, the victim gets the victim's grandchildren and gets the victim back of the convenience store.

The defendant shall pay off the victim the damage from the back of the convenience store.

Dr. D. H. H.T.

The death will be discarded.

“Ch.” The part, which is a dangerous object in that place, was placed above the part of the damaged person’s neck ( approximately 45cm in total length, approximately 20cm in knife length), was pushed the injured person’s neck with a wall, was laid down on the floor of the damaged person, was cut down the injured person’s neck on his arms, was cut down on the part of the damaged person’s head at two times with the hand, and was inflicted injury on the injured person, such as salt, tension, and impairment of the part in which the details of the part in detail are obscured, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to photographs related to police statements made to B, reports on the handling of reported cases by 112, reports on investigation (Attachment of photographs used by the person under investigation) and reports on investigation (related to telephone communications of victims) and reports on injury to 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 to mitigate small amount;

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

1. The defendant's erroneous reasoning for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the observation of protection and community service order is recognized, and there is no criminal history against the defendant.

However, the degree of violence used by the defendant by carrying dangerous articles is not somewhat weak.

The punishment shall be determined as ordered in consideration of the overall sentencing conditions, such as the relationship between the defendant and the victim, the background of the crime, the degree of the victim's injury, the circumstances after the crime, and the restoration of damage.

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