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(영문) 서울중앙지방법원 2017.07.20 2017고단3177
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

On May 3, 2017, the Defendant, at around 07:00, was pointed out by the victim D (n, 46 years of age) who was the wife at the residence of the second floor of the building located in Dongjak-gu Seoul Metropolitan Government, and was pointed out the drinking problem, etc. of the Defendant, thereby thrown away “the Defendant’s death.”

"A food knife (27 cm in total length, 15 cm in length) which is a dangerous thing in the kitchen, knife a knife, flife the face of the victim once a week, and the knife with the above knife two times, the knife at the right shoulder of the victim and the back part of the knife, which requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement and list of police seizure;

1. A medical certificate;

1. Application of each statute on photographs;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. As for the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the spouse’s shoulder part was injured twice by knife knife on the ground of sentencing, and the degree of injury, such as the victim’s knife’s knife being damaged by the victim’s knife, is not easy.

In the process of transfer and investigation, there are some favorable circumstances after the crime, such as display of retaliation against victims or police officers in charge, etc.

However, the fact that the defendant led to the crime and divided the mistake, that is a crime that has been committed by contingency while under the influence of alcohol, that the defendant agreed with the victim as the first offender, and that he will cease the future mentioned above.

The execution of punishment shall be suspended in comprehensive consideration of the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., and protection and observation shall be ordered to prevent recurrence.

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