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(영문) 대구지방법원 2017.11.23 2017고단4980
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

피고인은 피해자 C의 남동생 D과 사실혼관계에 있는 사람으로 평소 D과 시댁 식구들이 자신을 무시한다고 생각하여 불만을 가지고 있었다.

On July 25, 2017, around 21:35, the defendant argued with the victim C at the home of the victim, and the police dispatched upon receipt of the report and suspended the fighting and returned to the house.

However, at around 22:50 on July 25, 2017, the Defendant, as he did not get unclaimed, 6 knife knife at his home, and sought again as the home of the victim in Yongcheon-si E.

At that place, the Defendant displayed a knife, which is a dangerous object, to the victim, cut off two times the part of the victim’s left side of the victim’s knife the victim’s head, expanded the victim’s head knife to the bed on the floor, cut off the head on the floor, and assaulted the victim’s body and face on the floor, leading the victim’s body and face.

As a result, the Defendant inflicted injury on the victim, who did not have any one in a open room that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (a photograph of the seized knife) and each investigation report (abundance of the C's death diagnosis report, attachment of a photograph of damaged part of C's damage);

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. Although the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is not good for the defendant to commit a crime with a dangerous knife to the victim, the defendant supports a child with a knife by recognizing the crime in this case, there is no record of being sentenced to a fine or heavier punishment, the victim expressed his intention not to punish the victim, and the child support the victim.

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