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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On August 2, 2014, at the funeral hall of the police hospital located in Songpa-gu Seoul Metropolitan Government, 02:00, the Defendant stated in the indictment that “the Defendant was in the process of mutual trial because there are differences in the victim D(52 years of age) and inheritance issues,” but according to the Defendant, witness D, and E’s legal statement and written complaint, etc., the Defendant committed the instant crime while the victim tried to take the time expenses incurred between the Defendant’s wife and his wife by Handphones, and there is no same factual basis and there is no concern that there is a substantial disadvantage to the Defendant’s exercise of the Defendant’s right to defense. Therefore, the indictment is revised without following the amendment of the indictment.
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Summary of Evidence
1. Witness D's testimony;
1. Protocol of partial statement of the police against the defendant;
1. A written diagnosis of injury;
1. Investigation report (verification of cell phone images of the victim);
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Penalty fine of 500,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);
1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act is the first offender, the degree of damage suffered by the victim is not significant, considering all the circumstances, such as the background leading to the instant crime) of the Defendant’s defense counsel only has a dispute over the Defendant’s defense counsel to the extent that the Defendant was able to take a knife with the victim, and the victim’s knife against himself