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(영문) 수원지방법원 성남지원 2019.05.30 2019고단812

상해

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

On April 12, 2019, at around 18:25, the Defendant inflicted an injury on the victim D (the 60 years of age) who was the wife at the defendant's house located in Seongbuk-gu B apartment C in Seongbuk-gu, Sungnam-si, and the defendant's external problem and dispute with the appearance of the defendant, and the victim's face and body, etc. were taken as the defendant's drinking, and the victim suffered an injury due to the number of days of treatment, such as the right-hand inside, the inside, and the string of the inside and the tissues, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements in the police statement concerning D;

1. A report on investigation and a list of reported cases;

1. Application of Acts and subordinate statutes to photographs of victims and photographs of damaged parts;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing of probation, medical treatment order and community service order under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody, etc. Act (which requires commuting treatment and is likely to repeat a crime);

1. The scope of recommendation [decision of types] according to the sentencing criteria and the general injury [Type 1] general injury area (the scope of recommendation area and recommendation range], the basic area of punishment, April through June of imprisonment;

2. The punishment of a crime is not absolute, in light of the details and circumstances of the crime determined in the sentence, the relationship with the victim, the degree of injury of the victim, the record of home protection, etc.;

However, as the defendant divided his wrong and received treatment of alcohol existence, and faithfully fulfill his responsibilities in the family life, and the victim wanted to take the action against the defendant.

There is no history that the defendant was punished in excess of a fine.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.