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(영문) 수원지방법원 2017.09.14 2017고단5190
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

The defendant is in the marital relationship with the victim C (54) and the defendant and the victim are suffering from mental disease, such as mental fissiona.

On August 2, 2017, at around 22:55, the Defendant: (a) in the Defendant’s residence located in C in the chronic City of 19:55, and (b) as a matter of the problem, the Defendant tried to threaten the victim to the effect that the victim would walk the Defendant’s face first by walking the Defendant’s face, and 19.5 cm’s kitchen (19.5 cm in total length), and that “the dead............” The Defendant made a threat to the effect that the victim would be “the dead............” The Defendant saw the victim’s chest, the knch, the part of which the victim was exposed to the floor, and the chest part of which could not be known to the victim on five occasions.

Accordingly, the defendant carried dangerous objects as above and injured the person's body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against C;

1. A report on internal investigation:

1. Investigation report (to be accompanied by a log of 119 emergency medical services dispatched to the site);

1. A place where emergency medical services are to be performed;

1. A report on investigation (not accompanied by a medical certificate for a victim), and a medical certificate;

1. Records of police seizure, list of seizure, and photographs of seized articles;

1. Application of Acts and subordinate statutes to the field and the upper part of the photo;

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 factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act - Circumstances unfavorable to the defendant: The method of committing a crime involving the victim's chests and booms several times, which are dangerous things, and the risk thereof; - The circumstances favorable to the defendant are contingent crimes committed prior to assault and intimidation from the damaged person. The injured person is not serious. The victim is not subject to punishment. The defendant does not have any record of criminal punishment. The defendant has no record of criminal punishment.

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