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(영문) 창원지방법원 통영지원 2020.05.21 2020고단83
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant and B are currently in a divorce lawsuit between husband and wife or currently in a divorce lawsuit, and the victim C ( South, 48 years old) are in a relationship with the above B.

On December 23, 2019, the Defendant, in D Apartment E at 00:40 m. on December 23, 2019, stated that the victim in relation with the above B was found to have been in his house, and stated that “I would have found what was, what was the name was, what was the name was known,” and stated that “I would have been in his/her name several times, but the victim would not speak his/her name.” However, he/she used the kitchen knife (the total length of 32 cm, the 19cmth day length) in a sofet and started fighting with the victim, and the victim's right bucks with the same knife, reached one knife part of the back part of the knifbbbbbbbb, which was kept in his/her place, and used the golf gun (total length of 88cm) to the victim’s hand.

As a result, the Defendant carried with the victim the knife and golf straws, which are dangerous objects, and inflicted an injury on the victim, such as an open wound, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of statement;

1. Damage photographs and seized objects;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types]. A special injury by special injury and repeated injury [special person] special injury [including a person who has a special injury] mitigated element: Where victims are fully responsible for the occurrence of a crime or the expansion of damage, or where considerable damage has been recovered, the aggravated element: serious injury (excluding the area of recommendation and recommendation types) mitigated area, imprisonment with labor for four months to one year (the range of recommendation types corrected by applicable sentences) (the range of punishment corrected by applicable sentences].

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