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(영문) 인천지방법원 2017.12.15 2017고단7628
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 10, 2017, around 05:20 on September 10, 2017, the Defendant heard from the wife of the Defendant’s wife that the Defendant was raped against the victim, and confirmed whether the Defendant was raped, but did not rape.

As a result, the victim's left shoulder was set up twice by the excessive (9.5cm in length on the knife) that is a dangerous object on his knife, which is a dangerous object on his knife, the head of the victim was cut one time and the defendant was in possession of his knife, the victim's left shoulder was put up two times to the left shoulder of the victim, which is a dangerous object on his knife.e., approximately 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. On-site reporting on results of field identification, and response to requests for appraisal;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to record on-site photographs and special injuries;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant, in the course of confirming whether he/she rapes the victim’s spouse, inflicted an injury on the part of the victim, which is a dangerous thing, and the nature of the crime is very high in light of the course and mode of the crime.

The defendant's crime is likely to cause serious harm to the body of the victim because the defendant's head is calculated from the separation of anti-grasia, and the defendant's shouldered over, and thus, the risk of the crime was substantial.

Since the defendant committed the crime with excessive possession of the victim's house, it is difficult to see the crime as contingent.

The defendant has sustained an injury from the victim immediately.

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