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(영문) 춘천지방법원 강릉지원 2016.06.29 2016고단379
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim C (n, 45 years old) are de facto marital couple living together from around 2010.

On February 24, 2016, the Defendant returned home in the Defendant’s residence located in the East Sea at around 21:30 on February 24, 2016, and went home in the influence of alcohol with the victim, and went home to the Defendant, and did not participate in racks ( approximately 15cm in length on the knife, approximately 27cm in total length) which are dangerous objects in the air conditioning and using rackers and side, and put the victim a part on the left side of the knife one time, which requires approximately 3 weeks of medical treatment.

Defendant carried dangerous objects as above and inflicted injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. A gene appraisal report;

1. Each photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (a statement about the degree of damage);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The execution of a sentence is suspended on the condition that protection and observation should be followed, considering the reflectivity, the relationship between the Defendant and the victim, the agreement was reached, the fact that the injured person currently maintains the Defendant’s home life, the fact that there was no record of the same kind in the last ten years, the circumstances leading up to the instant crime, the Defendant’s home environment, and the support relationship, etc., for the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Observation.

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