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(영문) 청주지방법원충주지원 2020.12.22 2020고단141
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 21:00 on February 10, 2020, the Defendant expressed that the victim B, who had livedd with approximately one year and six months, was able to take the house back again, and was found in the drinking house for the operation of the victim B located in Chungcheong City, and was refused to take the drinking, but the Defendant expressed that the victim, who had been living in the kitchen, was “I am to go to the am in the amb,” but was asked to “I am to go to the amb.” on the ground that he was refused to take the amb, “I am to go to the amb.”

The Defendant continued to use a kitchen knife (31.5cm in total length, 19cm in day length) which is a dangerous thing in his kitchen and brought about under the left-hand part of the victim, and brought about a threat to the victim, such as after dancing, “Ig, within,” and caused the victim to inflict an injury on the victim by using the kitchen knife for about two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. The defendant's partial statement in court room B, D and E each legal statement;

1. Protocol of the police statement concerning B;

1. Photographss of victims, kitchens and kitchen photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defense counsel's assertion of Article 62-2 of the Social Service Order Criminal Act

1. The defense counsel asserts that there is no fact that the defendant has inflicted any injury on the victim.

Comprehensively taking account of each evidence in the judgment, the defendant gets the head of the victim and has the kitchen knife in the part of the victim, and the defendant did not actively engage in such active acts as cutting the victim's timber with the kitchen knife, but the knife caused the victim's injury to the extent that the knife was flife with the victim's knife. Therefore, the defense counsel's above assertion is accepted.

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