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(영문) 춘천지방법원 강릉지원 2016.05.12 2016고단116
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the wife B (66) of the victim.

Defendant is in a relationship with female employees of “D cafeteria” located near the Defendant’s office located in the East Sea at the time of the East Sea.

In the doubt of the accused, the victim is able to the above restaurant over several times.

Although the victim requested the statement of the defendant, he/she has been dissatisfied with continuing to attend the restaurant without hearing the statement of the defendant.

At around 00:20 on December 15, 2015, the Defendant used excessive (11cm in length, 21cm in total) for the reason that the victim was sleeping the demand of the Defendant and sleeping to the above restaurant at the time, and led the victim, who was diving on the floor of the ward under the influence of alcohol, was flicked once a road, such as the right side of the victim.

As a result, the defendant carried dangerous things with the right side for about two weeks to the right side in need of treatment, and the defendant laid a chest wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A medical certificate;

1. Application of seizure records and photographs statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the first offender and the victim’s injury is not much weighted; and the victim is not punished while wishing to maintain a marriage life with the Defendant) of the mitigated Punishment Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Reasons for mitigation of small amount);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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