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(영문) 의정부지방법원 고양지원 2021.02.18 2020고단2776
특수상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B (n, 43 years old) are married couple.

On October 19, 2020, the Defendant: (a) at around 02:40 on October 19, 2020, at the residence of the Defendant in Pakistan, and due to the external rating and divorce of the Defendant, the Defendant brought about a divers’ disease, which is a dangerous object in the living room, and brought about the head of the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Application of the police statement protocol (Evidence No. 8 of the evidence list) No. D to the defendant's legal statement B to the defendant's oral statement No. 8 of the court

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant assaults his spouse as a dangerous object in front of his child, and the crime is not good.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

A injured person does not want the punishment of the defendant.

There is no record of crime except that the defendant is punished by a fine once due to traffic crimes.

This is favorable to the defendant.

In addition to the above circumstances, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.

The Defendant, at the date and place of the judgment in the facts charged, inflicted injury on the victim, such as the impairment of sprinke of 2 weeks in need of two-time medical treatment.

2. According to the evidence of the judgment, the victim was in the emergency room of the hospital immediately after the occurrence of the case and received emergency treatment after going to the emergency room of the hospital.

The fact that the victim stated, the fact that the hospital received the diagnosis on the day of the case, is recognized.

However, the following:

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