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(영문) 대전지방법원 홍성지원 2018.05.29 2018고단271
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2016, the defendant has been in a mutual relationship with the victim C (n, 39 years of age).

On April 10, 2018, the Defendant 00:30 on April 10, 2018, at the time of the victim’s house located in Chungcheongnam-gun Hong-gun, Hongsung-gun, the Defendant considered the victim as the hedging.

On the ground of the fact that he saw the victim's head collection, flag the victim's head from the bed, flag the victim's head and head from the bed, flag of the victim's head and head from the bed, flag, and flag of the kitchen (the total length: 29cm, 16.5cm: 16.5cm) which is a dangerous object continuously being kept in the bed, and threatened the victim with "I will not die."

As a result, the Defendant carried a dangerous knife with a knife, thereby damaging the reputation of the part in which the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs, kniff photographs, and damaged photographs;

1. Written opinion (C);

1. Application of the police seizure protocol statutes;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. In full view of the circumstances following the reasons for sentencing under Article 48(1)1 of the Criminal Act, and the following conditions of all the sentencing recorded in the records, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime, the sentence is determined as ordered.

D. Unfavorable circumstances: (a) not only the victim's women who have committed violence but also had a knife and threatened the victim; (b) the criminal records and fines of the same kind are very poor; (c) the criminal records and fines of the same kind are once more favorable to the victim (2017): the defendant's mistake and reflects himself/herself; (d) the degree of the victim's injury is relatively heavy; and (e) the victim's punishment is able to be punished against the defendant.

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