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(영문) 창원지방법원 2018.06.28 2018고단1076
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was in the relationship between the victim B (37) and the victim B (37).

On April 11, 2018, the Defendant listened to the horses from the victim’s house at Kimhae-si C and 203 Defendant’s house on April 11, 2018, that “other females have occurred.” The Defendant inflicted injury on the victim’s left side, i.e., the victim’s booms once with the hand floor, with a dangerous object on the kitchen, and 12cc in total length of the kitchen (23cc and 12cc in knife). In addition, the Defendant inflicted on the victim’s fnifebbbbbbbbing part of the left part of the victim, which requires treatment for about 28 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A protocol of seizure and a list of seizure;

1. A medical certificate of injury, and a medical opinion;

1. Application of the Acts and subordinate statutes to photographs of seized articles, on-site photographs, and photographs of each suspect's damage to the suspect B;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the age, sex, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing specified in the instant case, including the following circumstances; and (c) the age, sex, environment, motive, means and consequence of the crime.

The favorable circumstances: The defendant appears to have committed the crime of this case in a contingent manner; the defendant has committed the crime of this case; the defendant has no record of criminal punishment; and the defendant has agreed with the victim smoothly: the crime of this case is not appropriate in light of the risk of the method of crime; the degree of injury to the victim is considerably significant.

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