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Reasons
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(영문) 대전지방법원 천안지원 2016.11.22 2016고단1410
특수상해
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A defendant shall be punished by imprisonment for six 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 21:40 on May 4, 2016, the Defendant: (a) was in front of the Defendant’s house located in Asan City C Apartment 103 Do 1113 dong 113, and D continued opening the door, and carried it into his residence, and (b) the victim E (the age of 42) who is an string male, but is an string male, was found together with his wife; and (c) knife one knife (the total length of 31cc, the knife length of 20cc, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife the victim’s left knife knife knif.

Although the Defendant continued to gather bags (20 cm in total length, 10 cm in length, 10 cm 2) and clothes, which are dangerous things in the room, the Defendant protected the victim and fell. In drinking, the Defendant sustained injury, such as an open upper part of hand, see injury, gym injury, gym, check, etc., of the part requiring approximately three weeks of treatment, considering the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of E and D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to report on investigation (afix photographs of the victim's injury);

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. It is an unfavorable circumstance that the confiscation attempted to inflict an injury on a dangerous object on several grounds of sentencing under Article 48(1)1 of the Criminal Act.

A punishment was determined in consideration of the fact that there are circumstances to consider the motive due to the crime that the defendant was interested by the wife's bad will, and that the defendant agreed smoothly with the victim.

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