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(영문) 청주지방법원 2017.03.30 2016고단2040
특수상해
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

The defendant and the victim B (the 63 years old) are the parties between the married couple.

At around 22:10 on May 4, 2016, the Defendant: (a) followed the Defendant’s house in Jincheon-gun Co., Ltd. on the grounds that the Defendant did not conceal the Defendant’s passbook; (b) caused the Defendant to fright with the victim for the reason that the Defendant did not hidden the Defendant’s passbook, and (c) caused the Defendant to fright the goods dangerous to the Defendant’s bank, and (d) present it to the victim, and (e) present it in front of the victim, and (e) “in this case, during flives with the victim,” with the victim without the head of Tong and the victim did not have the head of Tong, and (e) caused the damage and the chest to flick, and (e) caused the victim to flick the victim by 2 cm above the number of days required for treatment, and 3 cm above the upper n

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Code of the Social Service Order (Article 62-2 of the same Act is insufficient to recognize that the police seizure protocol alone is not the sole ownership of the defendant and the victim B, and there is no other evidence to acknowledge this differently, and thus no sentence of confiscation is pronounced) is contrary to the reason of sentencing when committing a crime for sentencing. There is no record of a crime exceeding the same criminal record and fine, the victim is not punished, and the crime is highly likely to be committed in light of favorable circumstances, such as the fact that there is no possibility of criticism, and in particular, the crime committed against his/her spouse is more unfavorable circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence, circumstances after the crime, etc., and all the sentencing conditions prescribed in Article 51 of the Criminal Code shall be determined as per the order.

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