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(영문) 수원지방법원 안양지원 2018.09.11 2018고단1087
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant and the Victim B (V, 39 years old) are in conflict with each other for a period of two months, and they continue to reach her life with about one month-gu between the following crimes.

At around 11:41 on June 1, 2018, the Defendant, at the victim's house located in Sinpo City, Sinpo-si, Sinpo-si, on the one hand, thought that the life was lost from the after he hedgingd with the victim himself while being in an inner room with the victim, and the Defendant, at the same time, placed an open top of the victim's shouldered by a knife (the total length of 32 cm, the knife length of 20 cm) which is a dangerous object in the kitchen at the location of the knpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Seizure records;

1. Application of Acts and subordinate statutes of a medical certificate;

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 to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation - The fact that there is no prior convictions agreed with the victim, the character and conduct of the defendant, the environment of the defendant, the circumstances after the crime, etc. are considered.

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