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(영문) 서울동부지방법원 2016.04.14 2015고단3976
특수상해
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 became final and conclusive.

Reasons

Punishment of the crime

On November 29, 2015, the Defendant expressed that, at the house of Seongdong-gu Seoul Metropolitan Government 2nd floor, the Defendant expressed that, at around 20:20 on November 29, 2015, the victimized person, who was disputing with the victim D (n, 58 years of age), the mother of the Defendant, should tear the breath, cut the face of the victim three times in drinking, and the kitchen knife (20 centimeters of blade-day length), which is a dangerous thing in the kitchen, “I will throw away the knife, death, etc.” the Defendant expressed the victim’s knife at once.

Accordingly, the defendant carried dangerous objects and inflicted an injury on a lineal ascendant or descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. A statement of the processing of reported cases, a written statement, a written confirmation of investigation process, an emergency measure report, an investigation report on the risk of recidivism of domestic violence, and a written consent to video recording;

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

1. Application of Acts and subordinate statutes to each investigation report (including a summary of video recording statements);

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

1. The Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is committed against his mother without fault, and its nature is very poor and is highly likely to be criticized.

However, the defendant has no history of criminal punishment for the same crime, and the defendant has committed a contingent crime under the influence of alcohol at the time of the instant case, and then his or her mistake has been repented, and the result of the victim's injury has not been much serious, and the defendant's prior wife is under the influence of the victim, and the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions specified in the proceedings and arguments shall be determined in consideration of the punishment conditions.

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