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(영문) 대구지방법원 2017.06.30 2017고단1198
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 and the victim C(n, 47 years of age) are de facto marriage relationships living together for about four years on the premise of marriage.

On November 20, 2016, the Defendant, at around 23:15, around 2016, at the home of the Defendant’s office located Dtel 803, was aware of the male relationship of the victim. On the other hand, the Defendant got off the victim by drinking the head of the victim, walking the body of the victim several times, leaving the victim over the bed, and prevented the victim from suffering with another hand on the part of the victim’s body, and driving down the victim’s name with both hand.

Defendant continued to use transitions ( approximately 10cm in length, approximately 7cm in length) which are dangerous articles to satisfe in the front of the above house, and the end of the above excessive knife is sailing on the side of the victim, and the victim “I amnife at one time.”

"Intimid intimidation", the victim's head debt in the elevator of the above officetel continued to be able to take the victim's head debt in his/her hand, and the victim's body body can be taken out due to drinking and shot.

In the end, the Defendant carried dangerous things with the victim, who suffered bodily injury, such as saved saves that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to C by the police in the protocol; and

1. Description of the written diagnosis of injury;

1. Application of statutes on images of on-site photographs;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the favorable sentencing conditions among the reasons for sentencing as follows) is that although the defendant carried the excessive amount of injury to the victim, which is a dangerous object, the degree of injury suffered by the victim is not serious, and that the injury was not caused by excessive amount, the defendant is in de facto marital relationship.

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