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Reasons
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(영문) 청주지방법원 영동지원 2019.07.11 2019고단48
특수상해
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized hams (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is in a relationship with the victim B(the age of 43)'s spouse, and the victim filed a civil lawsuit against the defendant in relation to the internal relationship, and the judgment became final and conclusive.

On March 18, 2019, at around 23:15, the Defendant: (a) sold the part of piracy (total length, 60 cm, 13 cm head) that is a dangerous object cited by the Defendant that “The victim had filed a lawsuit against the Defendant,” and that “The victim had been smoking tobacco at a certain point, “I have to do so, I have to do so, I have to do so,.” (total length, 60 cm, 13 cm head) to the victim’s left part.

In this respect, the defendant carried dangerous objects and put the victim into a stand for the left-hand side in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. On-site photographs;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on police seizure records;

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 for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Six months to five years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. Determination of sentence (unfavorable circumstances) of the crime of this case is that the defendant inflicts an injury on the victim, who is the husband of a woman, who is in an unlawful relationship with the defendant, with a dangerous article, and the crime is bad.

In addition to the victim's considerable mental suffering by unlawful act committed against the victim's spouse, the defendant injured the victim by the crime of this case.

The victim wanted to punish the defendant for a severe punishment.

[Ligue circumstances] The Defendant committed the instant crime.

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