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(영문) 대전지방법원 2018.11.08 2018고단3285
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 was a victim B (n, 48 years of age) and a man.

On May 10, 2018, at the residence of the victim in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, the Defendant threatened the victim with "I will well throw away the victim's head with his/her cell phone by his/her hand, with his/her hand, he/she saw the victim's head in his/her direction, in his/her hand, in his/her hand, after cutting the victim's head into his/her workplace, and cutting the victim's head into his/her workplace."

이에 피해자가 반항하여 위 가위가 바닥에 떨어지자, 다시 주방으로 가서 위험한 물건인 부엌칼( 칼날 길이 약 20cm) 을 가져와서 피해자를 겨누며 “ 찔러 죽여 버리겠다” 고 말하고, 이어서 피해자의 머리채를 잡아 넘어뜨린 후 발로 머리와 옆구리를 수회 걷어찼다.

As a result, the defendant carried dangerous things with the victim and carried about about two weeks of treatment, and scarkes of the scarkes that need to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the police officers against B or the accused;

1. Seizure records;

1. A written diagnosis of injury;

1. The application of Acts and subordinate statutes to hear statements concerning the degree of injury suffered by a suspect D, such as a report on investigation, a photograph of damaged parts, etc.;

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

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

1. Article 62(1) of the Criminal Act, the reasons for the suspended sentence, the circumstances below the reasons for the sentencing, and other records, including the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the various conditions of sentencing as shown in the argument of the case, shall be determined as ordered.

The extenuating circumstances: The circumstances that are favorable to the fact that the liability for the crime is not minor in light of the circumstances and details of the crime, etc., of carrying dangerous articles: the confession of the crime in this case.

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