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(영문) 제주지방법원 2020.06.18 2020고단824

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On September 4, 2019, the Defendant was sentenced to imprisonment with prison labor for 8 months for special intimidation, damage to property, and imprisonment with prison labor for 2 years for suspended execution at Jeju District Court on September 4, 2019, and the judgment became final and conclusive on September 12, 2019.

At around 22:00 on April 14, 2019, the Defendant driven a son while under the influence of alcohol within the residential area of the building B in Jeju, and tried to go to the parent of the Defendant. The victim D (the 45 years old) who is the spouse, went to go to the son by her hand, and got the son to go to the son by her hand, and then caused an injury to the victim, such as the 3-day left-hand flick in need of approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The head of a complaint, the 112 reported case handling table, the investigation report (Submission, etc. of evidence by the victim), copies of each letter, the recording file of the victim, the criminal investigation report (Submission of a diagnosis report by the victim), the diagnosis report, and the criminal investigation report (to hear statements by the victim);

1. Previouss before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (before the latter part of Article 37 of the Criminal Act and confirmation);

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

1. The latter part of Article 37 of the Criminal Act and Article 39 of the same Act;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is an unfavorable circumstance where the Defendant committed the instant crime after the Defendant was prosecuted due to a prior conviction against the victim and a special intimidation, etc., by exercising violence against the divorced spouse for about four weeks. The Defendant did not agree with the victim.

However, the defendant's charges are seriously against the defendant, and the crime of this case is ex post facto, such as special intimidation, for which the judgment becomes final and conclusive.