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(영문) 인천지방법원 2020.07.23 2020고단5846
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and 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

On June 26, 2020, at around 02:45, the Defendant, at the Defendant’s residence located in Michuhol-gu Incheon Metropolitan City B apartment C, told the victim D (year 43) who is her husband, and the Defendant was under drinking alcohol, and was in the process of drinking alcohol. Accordingly, the Defendant, after considering the victim’s speech that “I wish to get married,” the victim’s speech that “I will get married,” he would be hot, and the victim would have a kitchen knife (not less than 33 cm in total length, about 22 cm in length) which is a dangerous thing in the kitchen house located in the kitchen house, and the victim would be “I will die if I will do so,” and the victim would be unable to get her to get dead, and the victim would be able to know about the number of days of the victim’s part-time treatment, such as the part of the victim’s part-time treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim and on-site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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;

1. The punishment as ordered shall be determined in light of all the sentencing conditions, including the contents of the crime as indicated in the reason for sentencing under Article 48(1)1 of the Criminal Act, the fact that the defendant was the primary offender and the mistake is divided, the victim’s punishment is not imposed, the victim’s age, character and conduct, environment, motive for the crime, and circumstances after the crime is committed.

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