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(영문) 전주지방법원 2019.05.08 2018고단2424

특수폭행치상

Text

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

except that 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 is the victim B (math, 65 years of age) and the husband's death.

On 18:00 on 18:00 on 2018, the Defendant: (a) expressed the Defendant’s house at the Defendant’s house located in the Jeonju-gun, Jeonbuk-gun; (b) while under the influence of alcohol, he was able to talk with the Defendant’s crypt report; and (c) expressed the Defendant’s cryp to the Defendant’s cryp to the cryp; and (d) expressed the Defendant’s cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the right side.

As a result, the Defendant assaulted the victim as a dangerous object, and caused the victim to suffer the depth of the depth of the part on the left side, the fourth left side, and the second side of the second side of the water which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Articles 262, 261, and 257(1) of the Criminal Act regarding criminal facts, see Supreme Court Decision 2018Do3443 Decided July 24, 2018, and choice of imprisonment with labor

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] The basic area (four to two years) of the crime of assault (the person who is under a reduction of punishment): In the case of committing a crime by carrying dangerous articles (a decision of sentence] in which the victim, who is the spouse, has committed a crime by assaulting the victim and taking family protective disposition, and in addition, the crime liability is not somewhat less severe for the victim. Considering that the defendant is against the defendant and the victim is not wanting to be punished, the defendant's age, character, character, environment, family relationship, and other circumstances are considered more favorable for the defendant.