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(영문) 서울북부지방법원 2020.04.02 2019고단5552
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant and the victim B (the age of 51) are married couple.

On August 23:45, 2019, the Defendant, at the house of the Defendant located in Seoul Special Metropolitan City, Nowon-gu, Seoul, and the head of the Defendant’s house, would go to a friendship house from the victim. In order to listen to the horses of the Defendant at the mixed house, the Defendant she was frightened to the victim’s face by drinking the horses at the mixed house, and was inflicted on the victim’s back head at the bar using the main floor (75 cm in length, 5 cm in thickness) with a dangerous article on the main floor, when the victim’s back head was f5 cm, the victim’s neck was frighted with both hands, and continued to inflict on the victim at the bar using the above chon, with approximately three weeks’s arms in order to put the victim’s arms, and there was an injury to sugar, such as a fright, in which there is no open two inwards in need of treatment for about three weeks.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (to hear statements of the victim) and a criminal investigation report (to interview the victim);

1. Four copies of a diagnosis report (referring to the submission of a medical certificate for a victim) and attached medical records, and a copy of a medical record;

1. Investigation report (inflicting of an injury of a victim);

1. Records of seizure and the list of seizure;

1. On-site identification report (the defendant and his defense counsel asserted that there is no fact that the defendant raised the victim's interest in his hand. However, according to the evidence examined earlier, the victim stated consistently that the defendant was about his own interest because the victim was satisfyd by the steel satisfy, and the above argument is rejected). The above argument is not accepted.

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. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The reduction area (four to one year) in the mitigated area (four to one year), shall be limited to the scope of recommendations according to the sentencing guidelines, the special injury, and the injury by repeated crimes;

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