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(영문) 청주지방법원 2016.04.08 2016고합8
특수상해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 21, 2015, the Defendant: (a) 16:40 on the Cheongju-si’s dwelling space located in Cheongju-si, Cheongju-si; (b) 51 on the day before the victim D (the age of 51) was fighting with the Defendant’s husband and wife; (c) on the ground that she was locked in the soup room and returned home, she was frying the head and body of the victim due to drinking and saliva; and (d) on the other hand, she was frying the head and body of the victim on one occasion by an empty fluent who is a dangerous object at the same time, and inflicted an injury on the victim, such as two open wifes requiring approximately three weeks

2. The Defendant damaged property at the time, at the place specified in paragraph 1, by means of the method described in paragraph 1, the victim D, and then the victim-owned market value equivalent to 300,000,000 won was collected from the living room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to arrest, report on the occurrence of the case, conduct photographs, and report on investigation (a suspect and victim party investigation);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the punishment heavier than that of a special injury (to the extent that it is aggregated with the long-term punishment of a special injury and damage to property];

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for not less than six months nor more than six years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Special injury: Whether the sentencing criteria are not set; and

B. Property damage: One type of imprisonment from one month to six months (the type of decision) (the property damage).

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