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(영문) 의정부지방법원 고양지원 2018.01.18 2017고단3501
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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 D(the age of 53) are legal couples.

On August 28, 2017, the Defendant: (a) placed in Gyeyang-gu E on the ground that the Defendant and the victim had a male at the residence of the Defendant and the victim in Gyeyang-gu around 20:00, on the ground that the Defendant met the male, and caused the Defendant’s knife knife (the total length of 35cm and 20cm) to “the dead and dead,” and (b) placed the victim as “the dead and dead,” and placed the victim’s head back on one occasion with the net (the total length of 30cm) dangerous objects, and caused the victim’s damage to the character and the strawe on the head part of the head requiring approximately three weeks medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to damaged photographs, erosion maps, and cellular photographs;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the method and content of the crime of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case is not good.

Although long-term criminal records have been long, the defendant has several criminal records of the same kind.

However, the defendant is against the defendant, and the injured person does not want the punishment of the defendant by agreement with the victim.

There are circumstances to take into account the motive and circumstances of the crime.

In addition, the punishment shall be determined as ordered in consideration of the age, sex, family relationship, and all of the sentencing conditions identified in the records of this case and the trial process, such as the circumstances after the crime, etc.

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