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(영문) 서울중앙지방법원 2018.07.20 2018고합644
특수상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 20, 2018, around 04:40, the Defendant: (a) was divingd at one’s house located in Gwanak-gu, Seoul Special Metropolitan City C and 102 without any justifiable reason; (b) the wife victim D (n, 64 years old) was released from the hospital, which is a dangerous product, and (c) the number of days of treatment could not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to field photographs, copies of photographs and medical records of the victim's upper part of the body;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Six months of imprisonment to be suspended;

1. In view of the fact that the principal of the victim who was diving without any justifiable reason was injured by the injury, which is a minor, which is a dangerous object for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (hereinafter referred to as the following favorable circumstances among the reasons for sentencing), the liability for such crime is light.

shall not be required to do so.

However, it may be difficult to maintain a matrimonial life with a victim because the defendant acknowledges all of the crimes in this case, reflects the fact that the defendant is involved in contingent crimes, and the victim's degree of damage is relatively heavy, the victim does not want to attend this court room and the punishment against the defendant. The present situation seems to be living together with the defendant by restoring the space between the defendant and the defendant. The defendant does not have any criminal record other than minor criminal records, if the defendant is sentenced to a suspended sentence or a heavier punishment, he may be forced out of the Republic of Korea, and if he is sentenced to a suspended sentence or a heavier punishment, he may be forced out of the Republic of Korea, so it may be difficult to maintain a matrimonial life with the victim. In addition, the defendant's age, sex, surroundings, motive, means and result of the crime, and all the sentencing

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