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(영문) 춘천지방법원 원주지원 2018.01.31 2017고단917
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On September 6, 2017, the Defendant: (a) around 07:35 minutes in the dwelling area of the Defendant: (b) 105-dong C Apartment 103, 105-dong C Apartment 103, and (c) reported that the Victim D (V, 30-year-old) goes home with her children going home, and returned home; (d) her face and her part of the victim’s face and her part are pushed back by hand; (c) her body and her part are walking back to the victim’s face and her part; (d) her knife (blade: 17cm in length, total length: 31cm in the kitchen) which is dangerous to the kitchen, and (e) her hair, she acted with the victim’s head, neck, and her part toward the part of the kitchen; and (e) she talked with the victim’s body part and her part necessary for treatment of the right side of the victim during two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

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

1. Application of each statute on photographs;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The risk of violence performance is not small in light of the details and methods of the case.

A favorable circumstances: There shall be no record of punishment exceeding a fine and there shall be no same record.

In agreement with the victim, the victim is living together with the husband and wife, and the victim is not punished by the defendant.

The sentence shall be determined as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive and circumstances after the crime, etc., and the protective observation, etc. shall be also ordered to prevent recidivism and to improve character and behavior.

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