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(영문) 광주지방법원 2020.05.14 2020고단236
특수상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant was sentenced to ten years of imprisonment with prison labor at the Seoul High Court on April 2, 2009 for murdering, and was released on May 2, 2017 and passed on March 6, 2018, and is the spouse of the Victim B.

At around 11, 2020:0-23:00 on January 11, 2020, the Defendant kept the Defendant’s house located in Shyang-gun C, with the head of the victim B (the age of 51) who was locked after the Defendant’s horse dispute, and was locked at the inside, and led the Defendant to the Defendant’s house, leading the Defendant’s head to the Defendant, leading the Defendant’s head to the lower bank, leading the Defendant’s head to the lower bank, standing the chest over the room room, walking the Defendant’s head to the lower bank, walking the chest in a hand and knee so that he can not walk the victim’s head to the lower bank, and knife the knife’s head to the lower end of the kitchen (the total length of 30cm, the blade length of 18cc).

As a result, the defendant carried dangerous articles with the victim about five weeks of medical treatment, and suffered injuries such as cage cage cages and frys of external wounds.

Summary of Evidence

1. 피고인의 일부 법정진술(피고인이 원목 의자로 피해자의 머리를 때리고, 주저앉은 피해자를 발로 3~4번 찼다는 취지)

1. Witness B's testimony (as credibility is recognized in light of the circumstances and methods of the crime, damage details, the structure and consistency of the statement concerning the circumstances before and after the crime, attitude of the statement in this court, and the fact that there are no other circumstances showing the falsity of the statement in this court, the credibility thereof is recognized);

1. Some statements in the protocol of interrogation of the accused by the prosecution against the accused (the purport that the accused took the head of the victim's head in the main room and took the head of the victim as his/her will);

1. Police seizure records;

1. Medical certificates and opinions;

1. Chapter 18 of on-site photographs, two copies of a knife photo taken on a knife found in the victim's face, four copies of the victim's body photograph;

1. Criminal Power in its ruling: Attachment to judgments of repeated crimes of the same kind;

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