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(영문) 서울북부지방법원 2017.03.08 2017고단66
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(66 years old) are married couple.

1. On December 17, 2016, the Defendant committed a crime on December 17, 2016, and around 07:30 on December 17, 2016, the Defendant was not unconstitutional on the ground that he was aware of the inside and outside of the inside and outside of the inside and outside of the inner area of D apartment in Seoul Special Metropolitan City, Nowon-gu, 507 dong 502.

“A wooden leg, which is a dangerous object on the floor by cutting off and sealing the floor, was laid down, and the victim’s head was laid down several times, and the victim’s head was laid down two strings of the number of days of treatment.

2. On December 29, 2016, the Defendant asked the victim to open a room at the same place on December 29, 2016, and asked the victim to take a bath at the same time, but the Defendant spacked the victim’s left left knife (33cm in total length, 20cm in knife length) with a food knife (20cm in knife) dangerous for the reason that the victim refused to take a bath together with his refusal to take a bath.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each written statement E and C;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Side photographs of each victim's injury;

1. A report on investigation (or a relative investigation of a suspect);

1. Application of Acts and subordinate statutes to a criminal investigation report (the suspect's second son's oral statement hearing report);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is habitually injured, repeated crimes, and special injuries (the habitual injury, repeated crime, and special injury) are mitigated in the mitigated area (one year and six months to two years), the punishment not for the person subject to special mitigation [including serious efforts to recover damage], or considerable damage is recovered;

3. The head shall be the knife of the victim with a knife and knife;

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