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(영문) 수원지방법원 여주지원 2019.01.23 2018고단1058
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim B (n, 41 years of age) and the husband and wife relationship.

On October 7, 2018, the Defendant: (a) around 23:46, the building of Ischeon-si, the Defendant’s dwelling place of the Defendant, and the dispute arising from divorce with the victim, and (b) took the victim’s head and body several times due to drinking, and (c) the victim’s neck (18cm in total length, about 10cm in length, about 10cm in knife in knife) which is a dangerous object in which the victim’s knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (determination of length of a criminal implement);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of punishment by sentence: Imprisonment for one year to ten years;

2. Where the scope of sentences recommended on the sentencing guidelines [the scope of recommendations] the mitigated area (4-1 years), the mitigated area (4-1 years), the punishment not (including serious efforts to recover damage), or considerable damage is recovered from a reduced area (4-1 years), or a considerable part of the reduced area;

3. As to the instant crime of which sentence is rendered, while the young children are kept, the child’s mother and the victim who are one’s wife are suffering from the crime of which the crime of this case is very poor.

However, the defendant reflects the crime and agreed with the victim.

The defendant has been in the past violence but has been in the past 20 years, and there is no other criminal record as well as the punishment of a fine due to drunk driving, and the defendant's age, character and conduct, family relationship, etc. shall be determined as the same as the order.

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