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(영문) 광주지방법원 목포지원 2017.02.17 2016고단235
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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(the age of 54) are currently in a divorce lawsuit due to the married couple's death.

At around 16:30 on September 25, 2015, the Defendant discovered the victim, who was arranging the typology harvested before dry field, and the typology harvested before dry field, and laid down the victim's neck over the ground floor by cutting down the victim's neck with the left hand, and threatened the victim as early as possible, and threatened the victim with the above strashion and dry field with the ladle of drinking, which is a dangerous object located in the place, and led the victim to the view that the victim would be at the time when she was faced with the stone of the drinking size, which is the dangerous object located in the place, and caused the victim's injury, such as the impairment of the buble part in need of two weeks medical treatment.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police with regard to C;

1. Each investigation report (the sequence 30,38 of the evidence list);

1. Application of the Act and subordinate statutes to field photographs, photographs of the victim’s part of the victim’s injury [the victim has made a concrete and consistent statement from the investigative agency to this court about the situation at the time of the instant case, the developments leading up to the injury, etc., and each of the above statements is inconsistent with other evidence, such as field photographs and the diagnosis of injury, which may be reliable

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime, even though the Defendant had had the record of being subject to disposition two times due to domestic violence against the victim, and the instant crime was committed by the Defendant with the improvement and care of the victim, which is a dangerous object against the victim, while a divorce lawsuit is pending, and the crime was committed in bad quality.

However, the defendant has no record of punishment in addition to punishment once for the same kind of crime for more than 30 years.

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