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(영문) 광주지방법원 장흥지원 2016.09.29 2016고단133
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 is currently living separately for about two years as the husband of the victim B (n, 49 years of age).

1. On July 24, 2016, at around 09:30 on July 24, 2016, the Defendant: (a) sought the victim’s place of residence in the Southern Heung-gun C, and sought a divorce lawsuit from the victim during the conversation with the victim; (b) held the victim’s horse at a time, and held the knife (the total length: 27.5cm, 15.2cm, knife length: 15.2cm), which is a dangerous object of the victim’s knifeing, and carried the victim’s knife with the knife part of the knife.

2. Special intimidation: (a) the Defendant: (b) reported the victim’s knife knife, which was a dangerous thing on the chest of the victim, to the police, at the same time and at the same time as that of the preceding paragraph; (c) thereby threatening the victim by stating that the police officer would kill the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of Acts and subordinate statutes to report internal investigation (exploitation of damaged scene and part of damage), and report internal investigation (verification of the extent of damage);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below): The defendant has been subject to punishment several times for the same kind of crime: The defendant is in contravention of the confession of the crime of this case, and the victim does not want the punishment against the defendant by mutual agreement with the victim, and the defendant's age, sex, sex, environment, health conditions, motive and result of the crime, etc.

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