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(영문) 청주지방법원 2017.05.18 2016고단2672

상해

Text

A defendant shall be punished by imprisonment for six 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 and the victim B(n, 49 years old) were legal couples, and they are currently divorced by agreement.

At around 15:00 on September 24, 2016, the Defendant taken the victim's face at a time beyond the victim's face at a time of drinking, and taken the head's face back on the floor so that it is impossible to identify the number of days of treatment on the face side, etc. because the victim returned home at the defendant's residence at 101-dong 605, Cheongju-gu, Cheongju-si, 101, 605.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in B;

1. Reporting on occurrence of a crime of domestic violence (violation of special cases concerning the Punishment, etc. of Crimes of Domestic Violence

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Type 1 (General Injury)- of the scope of the recommended punishment according to the sentencing criteria;

2. Sentencing factors that are disadvantageous to the decision of sentencing: The crime is very good that the victim’s home was delayed and injury was inflicted by one hour. There is a need to punish domestic violence. Do favorable sentencing factors: agreement with the victim. There is no criminal conviction against the Defendant. Recognizing that there is no criminal offense against the Defendant. Do’s error is recognized, and the sentence is determined as ordered by taking into account all other factors of sentencing under Article 51 of the Criminal Act.