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(영문) 청주지방법원 충주지원 2019.06.05 2018고단790

상해

Text

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

Reasons

Criminal facts

The defendant and the victim B (the age of 40) are legal couple.

On November 29, 2018, at around 10:30, the defendant and the victim's residence in Chungcheong City C and 2, on the ground that the victim had a self-esteem of the defendant, led the victim's head to the outside of the front door, led the victim's head to the outside of the front door on the ground that the victim had a self-esteem of the defendant, and followed the victim's name from the stairs that are up to the rooftop, continuously opened into the above place of residence, followed the victim's neck by arms, and assaulted the victim's right by walking back the front door and the parts of the victim's right going beyond the floor on several occasions.

As above, the Defendant abused the victim and inflicted injury on the victim, such as 12 cage cage cages, etc., which require approximately 28 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copy of a written diagnosis of injury;

1. Application of statutes, such as photographs of damage;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [category 1] and there is no general injury [specific person] (the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation field and recommendation range], April through June of imprisonment.

3. Determination of sentence: The Defendant, who was sentenced to 8 months imprisonment, recognized his mistake and expressed his attitude against this law.

Defendant shall not be punished for a crime previously committed.

The defendant deposited 3 million won for the victim.

However, considering the relationship between the defendant and the victim, the method of assault by the defendant, and the degree and degree of injury by the victim, the nature of the crime is bad.

The defendant was unable to receive suspicion from the victim.

In addition, it shall be determined as the disposition in consideration of various conditions of sentencing, such as the age, details of the crime, and after the crime.