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(영문) 대구지방법원 2013.03.29 2012고단8755

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On November 28, 2012, the Defendant, at around 23:20 on November 28, 2012, in the Defendant’s residence B 301 in Daegu Northern-gu, Daegu Northern-gu, 201, as the Defendant’s wife C (here, 32 years of age) misleads the Defendant’s wife C (here and 32 years of age) to return to another male, thereby causing injury to the victim for about 28 days, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the certificate of injury, body photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the crime of this case constitutes a general injury of category 1 among the general injury of violent crime groups, and the scope of the recommendation sentence is from six months to two years (a serious injury in the family area).

Although the defendant prices the face of the victim who is the wife and inflicts four weeks of injury during the treatment period, the quality of the crime is inferior, the degree of damage is so great that it can be punished, the confession of the crime, depth is divided, some circumstances are taken into account in the course of the crime, and the punishment as ordered shall be determined in consideration of the circumstances in which a divorce lawsuit is pending with the victim.