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(영문) 서울동부지방법원 2016.05.04 2016고단639
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

. In drinking, the head of the victim is satisfy, and the kitchen is in excess of 12 cm in length and 24 cm in total in length) which is dangerous in the kitchen, and the victim is killed and discarded.

There has been a knife.

The term "the dead and the dead" height, and the victim's play was tightly damaged by the defect that the victim attempted to get out of the room.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. Seizure records and each investigation report;

1. Photographss of seized articles, photographs of the scene of crimes, and photographs of each page;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) (Selection of Imprisonment), Articles 261 and 260 (1) (Selection of Imprisonment) of the Criminal Act applicable to the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture (determination of sentence)

1. A person with a special mitigation area (two months - one year) in which general injury has been reduced (two months - one year): No person who has been punished;

2. A person who has been specially mitigated in the mitigation area ( April - 1) of Category 7 (Assault for Purpose of Retabing) (4. - 4.) of the Act on the Punishment of Violence: The scope of punishment for a maximum amount of reduction due to the increase of multiple offenders* April -10 (decision of sentence] of April -10 (decision of sentence] that the defendant has assaulted the victim who is his spouse in ordinary peace. In particular, in light of the fact that the victim reported to the police on the day of the crime of this case, it is highly probable that the defendant will be retaliationed again against the victim.

However, it is decided as above in light of all the sentencing conditions, such as the fact that the wife does not want the punishment of the defendant, that the age of the defendant is 66 years, that there was no record of punishment since 1977, and that if the wife is dead, it is against the body's depth.

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