beta
(영문) 대구지방법원 2016.04.26 2015고단6191

상해등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On November 16, 2015, at around 23:30, the Defendant, at the Defendant’s house located in Sinsan-si, reported to the police by domestic violence and got counseling to the family court, the Defendant was faced with the victim’s et al. on the ground that the victim (52 years of age) was faced with the victim’s body, etc., and caused the victim to face with the main part of the victim, and caused the victim to face about two weeks of medical treatment.

2. Around November 17, 2015, the Defendant took the attitude that, at the house as indicated in the above 1. Paragraph 1 of the same Article, the victim, who suffered from the injury, as described in the above 1. Paragraph 1 of the same Article, took the Defendant’s desire to take care of the hospital, and took a dangerous object, referring to the transition (the total length: 25cm, the length of the day: 13cm) as a dangerous object, while taking care of the victim’s body.

Accordingly, the defendant carried excessive amount of dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each photograph and opinion;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the same Act;

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines - The scope of the recommended punishment - the crimes of Category 1 [Scope of the recommended punishment] 4 (Special Intimidation) (4 months-1 year) in the mitigation area (special mitigation person] - The scope of the recommended punishment - the mitigated area (2 months-1 year) in the mitigated area (2 months-1 year) in the general injury area (the scope of the recommended punishment) of Category 1 (general injury) in the mitigated area (2 months-1 year): the final sentencing scope due to the aggravation of the number of nonmembers of the punishment: April to June 4 months;

2. Normal circumstances in light of the circumstances: The victim shall be easily exposed to violence due to domestic violence.