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(영문) 의정부지방법원 2016.08.02 2016고단594
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2015, at around 18:30, Namyang-si B and 402, the Defendant expressed that “C (n, 49 years of age) who is the Defendant’s wife” was “C, dead, and discarded” at the Defendant’s house, the Defendant placed three times on three parts of the victim’s left part, three times on the left part, two parts of the left part of the bridge, two times on the right part, and 14 days on one occasion on the right part of the victim, and the Defendant placed on approximately 14 days on the part of the victim.

2. The Defendant damaged special property by cutting down the knife and repairing knife at the market price of the scam storage site owned jointly by the Defendant and the said victim with the pipe, which is a dangerous object at the time and at the place specified in paragraph 1. The Defendant damaged the knife of Samsung 5 mobile phones at the time of Samsung gallon, which is equivalent to KRW 800,000,000, the market price of the said victim owned by the said dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photographic of damage (influoral part or damaged article);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act (a point of damage to each property and a choice of imprisonment with labor);

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. 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 reason for the sentencing of Article 62-2 of the Social Service Criminal Act is very important in that the defendant has been punished several times due to violent crimes, and there is a high need for punishment in that the defendant is also included in domestic violence.

However, the defendant confessions and reflects the crime of this case, the victim is currently living together with the defendant and does not want the punishment, and the relationship with the victim, etc.

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