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(영문) 대구지방법원 김천지원 2016.11.10 2016고단876
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 was the husband of the victim B (n, 40 years of age), and around December 2015, the defendant retired from the old-si C Apartment and 201 Dong 304, which is the victim's residence, and was living separately from the victim.

1. A special injury: (a) around 01:00 on May 9, 2016, the Defendant sought the victim’s residence; (b) when the entrance was set up and could not enter the victim’s residence; (c) when the entrance opened a bend window of the victim’s residence; (d) entered the victim’s residence into the victim’s residence; and (e) took a net (30cm in length), which is a dangerous object on the bend of the victim’s clothes (30cm in length), and knife in the part of the victim’s knife, with the victim’s knife and kbbbbbbbbbbs, traw, tur, burg, and ma, and continued to inflict an injury on the victim’s head on the knife floor, leading the victim to approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant suffered injuries to the victim at a time and place as referred to in Paragraph 1, such as Paragraph 1, and broken down by gallon jusium 80,000 won, which is a dangerous object, the victim’s market value.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Police seizure records;

1. Photographss of victim upper parts, cellular phone pictures, etc. and photographs of seized articles;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1), 257 (1) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the crime of causing special property destruction and damage to punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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