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(영문) 수원지방법원 평택지원 2018.02.09 2018고단29
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

From around 2016, the Defendant was a person who was in a relationship with the victim C (57 years of age).

On January 1, 2018, around 03:46, at the small room of the defendant's dwelling located in Pyeongtaek-si 105 Dong 106, the defendant suffered injury, such as an open upper room of the part of the victim's knife (21cc in the knife length) with the kitchen knife (21cc in the knife) and the part of the victim, which was dangerous in the kitchen, without any reason, at the small room of the victim's dwelling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Police seizure records and list of seizure;

1. A report on investigation (the degree of damage to a victim);

1. Investigation report (to listen to statements, such as not punishable for victims - telephone recording);

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act: The defendant's age, family relationship, circumstance leading up to crime, etc. is sentenced to 8 months of imprisonment, 2 years of suspension of execution, 2 years of protection observation order, and 48 (1) 1 of this case's sentence on the grounds that the knife, which is a dangerous object, has inflicted a serious danger on the part of the victim with knife: confession, reflectivity, early crime, the victim's punishment is not punishable against the defendant; and the defendant committed the crime of this case by contingently, during the period of suffering from stress after credit, damage, etc.: It is so decided as per Disposition.

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