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(영문) 인천지방법원 2020.09.11 2020고단4238
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

The defendant is the birth of the victim B ( South and 62 years of age).

On May 3, 2020, the Defendant, at around 01:10 on May 3, 2020, performed drinking together with the victim and private village ties in the residence of the Defendant in Incheon Strengthening Military Co., Ltd., which led to a verbal dispute with the victim as a matter of ownership of the foregoing house.

The Defendant brought the victim's dog in the vicinity of the dispute, brought the house glass, broken the house, brought the kitchen, and brought the kitchen (30cm in total length, 19cm in knife) in the kitchen.

피고인은 피해자에게 “죽여 버리겠다.”라고 소리치며 평상에 앉아있는 피해자에게 다가가 위 칼로 피해자의 왼쪽 가슴 쇄골 부위, 왼쪽 팔꿈치부위, 왼쪽 귓바퀴 부위, 머리 뒤 부위 등을 수회 찔러 피해자에게 약 4주 동안 치료가 필요한 흉골 골절상 등을 가하였다.

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

Summary of Evidence

1. The protocol of seizure of the police record of the suspect interrogation protocol B of the defendant concerning the defendant's partial statement in court, and the photograph of the scene of the crime such as the injury examination protocol;

1. The Defendant and his defense counsel asserted that the Defendant’s act constitutes self-defense and thus constitutes self-defense. As such, the Defendant’s act constitutes self-defense and thus constitutes self-defense.

However, the following circumstances that can be recognized by each of the above evidence, i.e., the victim brought kis first while disputing the defendant, and brought her back the glass door, but in light of the fact that the victim did not directly attack the defendant's body toward the victim's body, the degree of the victim's injury, the part, etc., it seems that the defendant was not placed a knife for defense, but rather left in the victim.

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