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(영문) 창원지방법원 통영지원 2018.04.13 2018고단22
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 16:50 on June 19, 2017, the Defendant, at the Defendant’s house located in Dong Young-si B apartment No. 201-dong 1404 on the ground that the Defendant was in dispute with the victim C (n, 40 years of age) who is a legal wife, and the victim’s late residing home, provided that the victim was able to talk about the truth, she was able to take a bath, she was able to take a dangerous object, and she was able to take a bath over the right side of the victim, and she was able to take medical treatment between the victim and the victim when she was in need of the victim’s arms and legs. The Defendant, by hand, she was able to take a dangerous object ( approximately 123 cm in total length) which was installed adjacent to the toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury and photographs of the upper part;

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 on the suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the protection and observation of the order to attend the lecture and the order to attend the lecture are not very good for the defendant to use the tobacco with dangerous articles to the wife of the victimized person, and the nature of the crime is not high.

However, according to the agreement with the victim, the injured party does not want the punishment of the defendant, the defendant raises his/her child care alone after the divorce with the injured party, and the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and result, etc. shall be determined by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime.

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