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(영문) 광주지방법원 2017.09.22 2017고단3466
특수상해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(V, 72 years old) are married death.

On July 14, 2017, at the defendant's house located in Gwangju-dong building 501 on July 15:10, 2017, the defendant put a kitchen, which is a dangerous object that had come to the patient's house and the defendant's hospital room, and had a dispute with the patient's hospital expenses problem, the defendant puts the victim's kitchen, which is a kitchen (33cm in total length, 19cm in length on the part of the victim's left side of the treatment days, and was deep in the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written opinion (C);

1. Investigation report (as to interview with the victim and separate measures against the perpetrator)

1. Application of the police seizure protocol and the statutes on the list of seizure;

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 extenuating circumstances among the reasons for sentencing)

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. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment as ordered shall be determined by taking account of the circumstances constituting the conditions of sentencing as shown in the records, such as the following circumstances and the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

A favorable circumstances: The defendant is led to confession, and is against himself.

The injured party shall not want the punishment of the defendant under agreement with the defendant.

The defendant is receiving hospitalized treatment due to dementia diseases in an old age.

The defendant is the first offender.

Unfavorable circumstances: The defendant found the kitchen knicker and injured the victim, and the crime is bad.

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