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Reasons
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(영문) 대전지방법원 논산지원 2017.11.17 2017고단554
특수상해
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, at around 08:45 on June 15, 2017, at around 08:45, 2017, at the Defendant’s residence located in B (54) and his husband and wife, frequently assaulted the victim’s right upper part of the chest, and caused the victim’s injury, such as a snife ple, which is a dangerous object in the surrounding area by breaking the Defendant’s head debt, at several times, by breaking the body with his hand (19cm in total, 9cm in length, knife).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. 112 A list of reported cases;

1. On-site photographs, suspect (B) kniffin photographs;

1. Application of Acts and subordinate statutes to report on investigation (report appended to suspect B medical certificate);

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Code is deemed to have set up the defendant's chest part of the victim's chest with excessive roads, and the criminal liability is not weak.

However, it appears that the defendant's mistake reflects the defendant's mistake, the primary crime, the victim's injury is not much severe, the victim does not want the punishment of the defendant, and the defendant who was unable to check the victim's domestic violence which has been continued for a long time and reflected for the long time seems to have caused the crime of this case by contingency, and other sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, criminal background, circumstances before and after the crime, etc., shall be determined as ordered by the order.

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