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(영문) 대전지방법원 공주지원 2017.12.01 2017고단281
특수상해
Text

A defendant shall be punished by imprisonment for six 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 and the victim C(36 years) are the legal marital relationship by marriage around 2011.

On January 12, 2017, the Defendant: (a) divided conversations with the victim in the official room in the dwelling room, the problem of raising the victim and his/her children, etc., living together with the victim in the official room D on January 12, 2017; and (b) took a dangerous object in the main room of the victim, which is a dangerous object in the victim’s communication, as his/her hand, and tried to keep the victim’s right shoulder by 12 cm in length and 24.5 cm in total length on the part of the victim who intends to keep the victim out of the space during the conversation.

As a result, the defendant injured the victim by dangerous things, such as an open shoulder, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Seizure records;

1. Application of the Acts and subordinate statutes governing the contents of a complaint, a written diagnosis of injury, a letter mail, attachment photographs, and the Stockholm content of the victim and the person under whose offense is against;

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

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant could have caused a serious result to the victim's shoulder, which is a dangerous object. In light of the fact that the defendant might have caused a serious result, a strict punishment is required.

However, the defendant is confessioned as a primary offender, is in depth against his/her depth, and is considered as agreed with the victim.

In this context, considering various circumstances such as the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, the punishment is determined as ordered.

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