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(영문) 서울동부지방법원 2019.05.30 2019고단1100
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2019, the Defendant: (a) around 01:30 of Songpa-gu Seoul, Songpa-gu, Seoul, and (b) had a dispute about the victim’s husband D (ma, 41 years of age) and his/her father D and his/her father’s child’s childcare problem; (c) threatened the Defendant with the Defendant that “the Defendant would be dead” would bring a transition (12Cm in the kitchen length) in the kitchen and bring the Defendant’s hand into the part of the victim; and (d) caused the Defendant’s hand to go up approximately 0.7cm in the victim’s hand, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (Submission of a written diagnosis of injury of a 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 for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: Taking into account the following factors: The act of knifeing the knife and causing injury to the victim is highly dangerous; the circumstances favorable to the failure to recover damage: one’s mistake is divided and reflected; the primary crime is the crime; the victim and his/her child are the first crime; the result of the injury inflicted upon the victim is not serious; and the sentencing conditions indicated in pleadings, such as the defendant’s age, character and conduct, motive, means and consequence of the crime;

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