상해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant and the victim B (the age of 43) are married couple, and they are currently pending in divorce litigation.
At around 12:35 on May 21, 2019, the Defendant: (a) found the victim living in front of the Gyeongnam-gun, Gyeongnam-gun, and caused a defect in the cost of child support and living; (b) forced the victim to leave the back seat of his/her vehicle parked there; (c) brought the victim into the back seat of his/her vehicle parked at that place; and (d) caused the victim’s head, breast body, etc. by drinking the victim’s head, chest body, etc.; and (d) caused the victim’s injury to the victim, such as chest feling that requires approximately four weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police with regard to B and D;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to the 112 reported case handling table, family relation certificate, and marriage relation certificate;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: One to seven years of imprisonment;
2. 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 injury [the scope of recommendation area and recommendation range], April through June of imprisonment.
3. Determination of sentence: Determination of sentence for a period of four months under the suspension of execution is not easy to inflict injury on the victim; however, there are unfavorable circumstances against the victim; however, the crime of this case is against the victim; it is difficult to readily conclude that the defendant is unilaterally responsible for the motive and cause of the crime as the occurrence of marriage between the defendant and the victim that led to the failure of marriage; the defendant bears part of the medical expenses and cost of living of the victim; and the defendant has no penal power, in addition to punishment imposed once due to special intimidation, other circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime; and the motive and circumstance of the crime.