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(영문) 광주지방법원 순천지원 2017.06.30 2017고단813
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 and the victim B (n, 38 years old) are married with a couple.

On April 17, 2017, around 23:00, the Defendant, on the ground that the victim toldd the divorce at the living room located in the Namsung-gun apartment complex, the Defendant left the victim’s head twice, and sprinked the victim’s head with her hand, on the ground that the victim tolds the divorce.

Defendant continued to use two knifes (a total length of about 25 cm), which are dangerous things inside the kitchen, of the above dwelling space, and the victim called “picker and deader,” and read the victim as “picker and deader,” and harming the victim by hanging the above knife and threatening the victim’s knife on the floor.

The victim threatened the knife knife knife knife knife on the part of the victim, and "the deceased" to knife knife and resist the body, so the knife knife knife of the victim's left side.

As a result, the defendant carried dangerous articles with the victim and inflicted an injury on the victim, such as an open wound of the elbow in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62(1) of the Act on the Suspension of Execution provides that the form of crime is not good by injuring the victim as a knife for the sentencing of Article 62(1) of the Criminal Act; the defendant committed any contingent crime; reflects the defendant; there is no violent criminal record except for a minor fine sentenced due to violence; the defendant lives as the victim and his husband for a long time, and the victim seems not to have used violence except for this case; the victim appeals the Defendant’s preference against the Defendant; and the defendant’s age, sexual behavior, family relationship, circumstances and results of the crime; and other circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by comprehensive consideration.

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