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(영문) 수원지방법원 평택지원 2017.12.13 2017고단458
특수상해
Text

A defendant shall be punished by imprisonment for two years.

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

On November 10, 2016, at around 08:35, the Defendant, while engaging in a de facto dispute with the victim D (42 tax) who was in a de facto marital relationship with Pyeongtaek-si building 204 on November 10, 2016, and the victim was living together with a kitchen which is a dangerous object for the reason that the victim would disregard himself/herself ( approximately 48 cm in total and about 18 cm in length in length), followed the victim's fin, and find the victim's find and opened the body of the kitchen on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A victim and on-site photograph;

1. Application of Acts and subordinate statutes governing certificates of medical records;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Whether to apply the sentencing guidelines - The sentence is not applicable because it is a crime that has not been set in the sentencing guidelines. 2. - Unfavorable circumstances: The crime of this case is committed by the defendant on the part of the victim, who is a de facto husband, with the kitchen knife, and the case and the nature of the crime are considerably heavy in light of the applicable method of the crime and the degree of injury, danger, etc., and the defendant committed the crime of this case during the period of suspension of execution due to the violation of the Framework Act on Fire Services (the crime of injury to fire fighters). - favorable circumstances: the defendant's recognition of the crime of this case is seriously against the defendant; the victim's alcohol dependence and his personal disregard on the defendant appears to have partly caused the crime of this case; the defendant voluntarily filed a report to the 119th day after the crime; the victim wants the defendant's wife, and there is no power to observe the above suspended execution, etc. - the record of the crime of this case and investigation into the situation of this case.

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