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(영문) 광주지방법원 2018.10.24 2018고단2607
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the father and wife relationship with the victim B (V, 42 years old).

1. On May 10, 2018, the Defendant is suspected of having a telephone from a male who is not aware of the victim in the area located in Gwangju Seo-gu, Seo-gu, Gwangju, about 22:30 on May 10, 2018.

The phrase “the victim’s face and head are taken several times by drinking, walking the victim’s chest, walking the victim’s chest continuously, knife a knife ( approximately 33cm in total length, about 19cm in length) which is a dangerous thing in the main room, and knife other hand, knife the victim’s face twice by drinking in one hand, and knife the victim’s breast at one time, and flife the victim’s breast, walking the victim’s chest at one time, thereby causing injury to the victim, such as a chest flife, and an inner part, which requires approximately two weeks of treatment.

2. In order to confirm whether the victim is living with another male at the same time and place as the preceding paragraph, the Defendant damaged the utility of the property by bringing the victim’s cell phone to the victim and making it impossible to return it until the next day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) (the point of inflicting an injury on carrying a dangerous object) of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code recognizes and reflects the defendant's mistake, the victim also wishess to take the defendant's preference, the degree of injury is not serious, the defendant's age, sexual conduct, relationship with the victim, and the motive and motive for the crime.

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