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(영문) 인천지방법원 2018.07.20 2018고단3844
특수존속상해
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 around 15:10 on August 5, 2017, in the residence of the 2nd 503 Dong-gu Incheon, Seo-gu, Incheon, and the victim D (77 tax) who is a lineal ascendant or descendant of the defendant and the defendant, the injured person "humbling the horse, etc. to the defendant, and other things that are not good inside the house."

" ................ the victim's right panty, which is a dangerous object of chemicalization, was flicked once the victim's right panty, and flicked the victim's face by hand.

As a result, the defendant put the victim with an inner eye where the treatment period cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of whether a victim wishes to submit a diagnosis report, etc.);

1. A report on emergency measures and an investigation table on the risk of recidivism of domestic violence;

1. Application of Acts and subordinate statutes to photographs, such as damaged parts;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing in Article 62-2 of the Criminal Code for the protection observation and attendance order was that the defendant, who was dissatisfied with the victim, set off the victim's right pande, which is a dangerous object, and opened the inner side where the treatment period cannot be known due to the fact that the victim's face is faced with drinking.

The risk of spreading a crime can not be considered to be light in that the crime of a defendant is an anti-social and failed crime, and the nature of the crime is extremely poor, and the use of dangerous articles for the crime is dangerous.

After committing the instant crime, the Defendant was sentenced to a suspended sentence of three years on May 31, 2018 by committing an attempted murder, etc. against the same victim, and was sentenced to a suspended sentence of four years on May 31, 2018, and is currently pending in the appellate trial, so there is a greater possibility

However, the defendant commits a crime in this Court.

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