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(영문) 수원지방법원 2019.06.27 2019고단1915
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2019, the Defendant, while under the influence of alcohol on April 21:45, 2019, expressed the victim C (the 40-year-old spouse) who is a de facto marriage spouse in Suwon-si B living for four years at the house located in Suwon-si, and expressed the victim’s desire at the seat of the Defendant’s mother, and expressed the victim’s desire on the number of days of treatment as a knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. On-site photographs and victim photographs;

1. Police seizure records;

1. Investigation report (as regards the knives for kitchens which are seized articles), and photographs of seized articles;

1. Application of investigation reports (Attachment of images of the upper part of the suspect C), and photographs of the upper part of the victim's body to the Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act, as well as the age, character and conduct, environment, motive, means and consequence of the crime, etc., of the defendant, shall be determined by taking into account the following circumstances, as well as the various conditions of sentencing as indicated in the pleadings of the case.

- The risk of committing a crime - The victim has no criminal records other than those subject to a fine twice due to an agreement with the victim / the drunk driving

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