beta
(영문) 대구지방법원 서부지원 2018.10.02 2018고단1065

상해등

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with internal relations with B, and the victim C (V, 39 years old) is a wife B.

1. On January 11, 2014, at around 23:50 on January 11, 201, the Defendant intruded upon a house and damaged property: (a) opened a door to the victim’s residence located in Daegu-gu Seo-gu, Daegu-gu, and opened the door; (b) however, the victim did not open the door; (c) destroyed the knife by hand over several times, and (d) destroyed the locks equivalent to KRW 11,00 in the market price; and (d) 20,000 in total of the market price at the inside and outside of the house, which was 20,000 won in total.

Accordingly, the defendant invadedd the residence of the victim, and damaged the property owned by the victim.

2. In the date and time set forth in the above 1. Paragraph 1., the injured Defendant prevented the victim from committing the act of the Defendant as described in the above 1. Paragraph, and caused the victim to face up to two weeks by hand, resulting in an injury to the victim, and resulting in an insurging and surging in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C Complaints;

1. Application of Acts and subordinate statutes to investigation reports (in cases of diagnosis of injury and photographs, etc. submitted by the complainant);

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, and the choice of imprisonment, respectively, with labor;

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. In full view of all the circumstances, including the fact that there are criminal records of the same kind for sentencing of Article 62(1) of the Act on the Suspension of Execution, the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no criminal record exceeding the fine, the degree of damage, the circumstances of the crime, the degree of the crime, and the record of the crime, the sentence is ordered as ordered.