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(영문) 인천지방법원 부천지원 2019.08.20 2019고단1767
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 41) are the married couple of law.

At around 23:50 on May 21, 2019, the Defendant performed drinking together with the victim and his/her mother's mother under the building C, Gyeonggi-do, which is the Defendant's house. On May 21, 2019, the Defendant: (a) had an empty beer's disease in favor of the victim, which is a dangerous thing for him/her to hear the residual interest from the victim; (b) had the beer's disease in favor of him/her; and (c) had the beer's disease in favor of him/her; and (d) had the beer's disease in light of the victim's head, and had the beer's disease in need of approximately two weeks

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the witness B;

1. The police statement concerning B;

1. Recording notes (contents of police officers and child dialogue);

1. Application of Acts and subordinate statutes to each damaged part photograph, photograph of criminal tools, and written diagnosis of injury;

1. The reasons for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts are as follows: (a) the Defendant was sentenced to a suspended sentence of one year and two years of probation, etc. on April 30, 2019 due to a special injury and injury caused by a beer disease, which is a dangerous object in this court, committed by the Defendant on April 30, 2019; and (b) the judgment was finalized on May 8, 2019; (c) the Defendant committed the instant crime against the same victim since the lapse of one month; and (d) according to the evidence of the judgment, even if the Defendant was sufficiently recognized, the Defendant was consistent with the rationale for replacing the horses of his/her crime from the investigative agency to this court to the fact that the Defendant did not seriously reflect his/her wrong. In light of the above, it is inevitable to punish the Defendant.

However, the defendant's age, environment, character and conduct, and crime are considered to be favorable to the defendant, such as the fact that the victim is the victim's wife against the defendant, and the degree of the victim's injury is relatively minor.

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