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(영문) 제주지방법원 2017.10.26 2016고단1882
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 08:40 on February 25, 2016, the Defendant sustained a de facto marriage relation for about 16 years at the residence of 509, the Defendant, a female living together with the Defendant (the age of 64), who maintained a de facto marriage relation for about 16 years, and was living together (the age of 64). The Defendant inflicted an injury on the Defendant, such as a knife, a knife, which is a dangerous object on the knife (the knife length of 10cm), by taking a knife, where the victim’s left shoulder part of the victim’s knife cannot be identified, with the number of days of treatment.

Summary of Evidence

1. Each police statement made to D or E;

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

1. The photograph related to the case (a deadly weapon) - No. 7 of the evidence list

1. Related photographs (recordd by victims and Handphones) - Ten numbers in the list of evidence;

1. Related photographs - No. 36

1. Recording recording recording - Application of the law No. 43 of the evidence list No. 43

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act: The judgment on the defendant and his defense counsel's assertion that there was a history of having been punished several times for violent crimes, such as the fact that the victim had inflicted a self-harm before the victim's death and that the defendant would be expected to inflict a contingent injury: the defendant's shoulder part of the victim's shoulder is 4 mn in depth; the victim's self-harm was claimed without reflectivity; and there was a history of having been punished several times for violent crimes;

1. The summary of the argument is that the victim knife knife his left shoulder on the left side with the excessive road, and there is no fact that the defendant knife with the victim.

2. According to each evidence of the judgment below, the victim's upper part does not have a justife that appears together with the upper part of the victim's body, the depth of the victim's upper part is more than 4 cm, and the victim's upper part is more than 4 cm out of the shoulder.

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