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(영문) 전주지방법원 2018.04.11 2018고단362
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 February 18, 2018, the Defendant: (a) around 21:30, the Defendant: (b) placed the victim D (n, 40 years of age) who was the wife of the Defendant’s house 606 at the front city, and had a knife and dispute with the Defendant’s house; (c) placed the victim’s head on one occasion at the knife of a knife knife for camping (10cm in total length, approximately 23cm in total, about 10cm in length in knife); and (d) placed the victim’s head on two occasions at the back of the front city with the knpan pan, the Defendant inflicted on the victim two-day air condition that requires approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to E and D;

1. Diagnosis certificates and photographs of the upper part of the medical institution;

1. The record of seizure and the list of seizure [the defendant and the defense counsel asserted that the defendant left the victim's head by the part of the knife, not the knife at the time of the crime in this case.

However, at the time of the instant crime, the Defendant’s son, who told the Defendant, stated in the investigative agency that “I tried to get the head of the knife by knife, other than the knife, etc.”

또 한, 피해자 상처 부위 사진 및 피해자 진술에 의하면 피해자가 예리한 도구에 베인 상처를 입은 것으로 보이고, 그로 인하여 피해자의 두피가 5~6cm 찢어져 11 바늘을 꿰매는 치료를 받은 사실을 인정할 수 있다.

In full view of these circumstances, the defendant's knife part of the victim's head is sufficiently recognized, and the defendant and his defense counsel's above assertion is not accepted.

Application of Statutes

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

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. While the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are reported by children, the crime is crypted by committing an act of inflicting bodily injury on the wife.

(b).

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