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(영문) 대구지방법원 2018.10.12 2018고단2847
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the spouse who reported the marriage around December 2012 with the victim B (math, 34 years of age, Vietnam) and the spouse who reported the marriage around December 2012.

On May 18, 2018, the Defendant was punished by the victim for two years in Vietnam at the Defendant’s house located in the Gandong-gun of Gyeongbuk-do on May 18, 2018.

Where a person uses KRW 30,000.

In the absence of a proper statement even though it was “, , her husband, and her husband were living, her head was her head on one occasion with an empty baby, which is a dangerous object on the table, her mother, her mother, and her mother was her head on one occasion.

The defendant continued to use the kitchen, which is a dangerous thing in the kitchen, for the reason that the victim has not used the "Sean Sea" only repeatedly and anywhere, the defendant takes the kitchen knife (the total length of 32cc and the knife length of 20cc) and knife a part of the victim's left side, once.

In this respect, the defendant, using the kitchens and kitchens which are dangerous things, has inflicted injury on the victim by using a kitchen for about five weeks on the part of the public in need of approximately five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (related to attachment of photographs), investigation report (related to attachment of diagnostic certificates and medical records);

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 to mitigate small amount;

1. The Defendant’s crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is highly dangerous under the applicable law, and the Defendant’s actual injury was inflicted by the injured party, and the degree of the injury was not negligible.

However, it is advantageous to the fact that the victim is living together with the defendant and does not want the punishment of the defendant, that the defendant is against the defendant, that the defendant has been sentenced to a fine of minor species and three times.

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