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(영문) 광주지방법원 2018.01.12 2017고단5119
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim C (V, 68 years of age).

On February 23, 2017, at around 12:35, the Defendant’s house located in D, in front of the Defendant’s house located in B, who was the owner of the bean water in front of the Defendant’s house.

”라고 욕설을 하면서 창고에 있던 위험한 물건인 낫( 손잡이 길이 36Cm, 칼날 길이 21Cm) 의 등 부분으로 피해자의 머리 정수리 부위를 내리쳐 피해자의 두피를 4 바늘 꿰매게 하는 등 치료 일수 불상의 두피 열상 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police on the victim;

1. Statement of opinions of intention;

1. Application of Acts and subordinate statutes, such as the tool of crime and form of victim;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to the facts constituting an offense;

1. There is no reason to consider the motive for committing a crime for sentencing under Article 62(1) of the Criminal Act, and since there is no reason to use a very dangerous object as a tool for committing a crime, and the degree of injury is serious, the nature of the crime is very poor.

After committing the crime, strong criticism should be made.

The defendant has a criminal record of violence one time.

However, the victim maintains a de facto marital relationship as it is with the defendant, and is not subject to punishment for the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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