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(영문) 광주지방법원 해남지원 2017.08.10 2017고단164
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant and the victim C (ma, 59 years old) are married couple.

On April 30, 2017, the Defendant, at his own house located in the Namnam-gun D around 16:30 on April 30, 2017, sold agricultural chemicals in the dry field to the victim of a dispute with the victim, was trying to die at the time of collapse.

“In doing so, at the front warehouse of the house (5.5 cm thick, 12 cm long, 42 cm long, 2.07 km, weight 2.07 g), the body part of the victim’s head was placed at one time, and the victim’s body was placed at one time, and the victim’s body was placed at one time, and the victim’s body was in need of approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A written diagnosis of injury to a victim;

1. A detailed statement of the processing of reported cases and a place where emergency medical services are conducted;

1. Application of Acts and subordinate statutes to a report on internal investigation (to attach a copy of medical records, to attach a photo of the damaged scene), and a report on investigation (to measure the weight of the crime tool, to the victim's speech and behavior, and to confirm the crime tool-de

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 suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. In light of the type of dangerous articles used by the defendant for the reason of sentencing as prescribed by Article 48(1)1 of the Criminal Act, and the degree of damage, etc., the crime of this case is not very suitable for the crime of this case.

In particular, the victim of the instant crime, as the wife of the Defendant, should severely punish the Defendant in that the Defendant, while exercising domestic violence against the victim for a long time, led to the instant crime.

However, under the circumstances favorable to the defendant, the victim does not want to punish the defendant consistently on the premise of divorce with the defendant, and the defendant and the victim have also appealed against the defendant, and the defendant is against his fault.

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