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(영문) 대전지방법원 서산지원 2021.03.24 2020고단1406
특수상해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with the victim B (the South, the 59 years old) and the married couple relationship, and in the case of Jin-si C Building D, the defendant is living together with the victim.

1. On December 1, 2019, the injured Defendant: (a) around 19:40 on December 1, 2019, while she had a verbal dispute with the injured party, she saw the injured party to have a television obscison, and she was at the injured party’s head part of the injured party’s head.

As a result, the Defendant brought the victim with the snow side of the left side of the treatment days.

2. Around January 28, 2020, the Defendant: (a) under the influence of alcohol, had the victim take a brupt with his/her bath, and had the victim take time expenses so that he/she could have stolen money; (b) the kitchen, which is a dangerous object in which he/she had a brupted in the kitchen while disputing the victim, used a kitchen knife (a total length: about 30cm, a knife length: 17cm) and put the victim a part of the kitchen, such as a shoulder, arms, etc., which is a dangerous object in which he/she had a brud with the victim.

As a result, the Defendant carried dangerous objects with the victim about six weeks of treatment, thereby causing damage to the body and power lines and damage to the body and power lines of the above arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

1. On-site photographs and victim photographs;

1. Records and photographs of seized articles;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Article 258-2 (1) of the Criminal Act (the point of special injury);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act (an aggravated punishment for concurrent crimes with severe special injuries) for concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation are the husband of the defendant, and the defendant is not punished for the defendant immediately after the crime is committed, and the defendant and the victim are expressed.

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