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(영문) 인천지방법원 부천지원 2018.04.19 2017고단3100
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(44 years, women) are legal married couples.

1. On September 25, 2017, the Defendant suffered special injury: (a) around 00:0, Seocheon-si, D2, for the reason that the victim was able to return home at the latest, the Defendant her head in the bar of “E”, which was a dangerous object on the table table, and her head was discharged from the hospital; and (b) caused approximately two weeks of treatment to the victim.

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

2. On October 7, 2017, on the ground that the victim did not respond to the sex relationship, the Defendant of a special assault: (a) made a number of times using a wooden machine ( approximately 40cm thick, approximately 70cm in length), which is a dangerous object, to the victim’s right arms, trees, ploss, shoulders, shoulders, and back water, etc., on the ground that the victim did not respond to the sex relationship.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. G statements;

1. A written diagnosis of injury;

1. Medical records;

1. Application of Acts and subordinate statutes to photographs of places of accident, dangerous objects, and photographs taken to cover damage;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the point of inflicting an injury on carrying a dangerous object) of the Criminal Act concerning facts constituting an offense, and Articles 261 and 260 (1) (the point of assaulting carrying a dangerous object, the choice of imprisonment with prison labor) of the Criminal Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant inflicted an injury on the victim by carrying dangerous articles or by using assault; the nature of the crime is very inappropriate; circumstances favorable to the fact that the victim seems to have swornly made a considerable fear at the time of each of the crimes of this case: the fact that erroneous recognition of and reflects the fact that the victim reached an agreement with the victim;

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