(영문) 수원지방법원 2019.05.22 2018고단7033

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(영문) 수원지방법원 2019.05.22 2018고단7033

특수상해

Text

The sentence of the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On November 19, 2018, the Defendant: (a) around 01:20 on 01:0, the victim D (the 47-year-old age) who is the denial of the Defendant (the 47-year-old age) is a dangerous object in the kitchen because the victim D (the 47-year-old age) has a large amount of ordinary drinking and neglected his house work; (b) took a kitchen knife (the 26cm in length) and took a look at the kitchen, and took a part in the knife with the knife.

In this respect, the defendant carried dangerous objects and carried a two-way open wound where the treatment period cannot be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A criminal investigation report (including a written confirmation of medical treatment for a victim);

1. Application of the Acts and subordinate statutes to seized articles, kitchen and field photographs, and photographs of the body of victims;

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. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the same Act (Article 59(1) does not display a knife for the purpose of causing serious injury to the victim who is the spouse, and appears to have committed the instant crime by contingently in the course of seeking to persuade the victim, although the Defendant denies the criminal intent, it appears that there is no risk of re-offending because the Defendant’s mistake is against the victim who is the spouse, as a whole, was alleged to the effect that there was no intention to injure the victim who is the spouse, and that there is no record of criminal punishment exceeding the fine)

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Code of Confiscation

1. The summary of the assertion is that the Defendant only killed the victim with a knife, which is a part of the knife not dangerous with the intent to admonish the victim. Therefore, there was no intention of special injury, and the victim due to the above act of the Defendant.

참조조문

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