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(영문) 광주지방법원 2020.04.14 2019고단4308

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim B (math, 44 years of age) and the husband and wife.

At around 05:00 on April 13, 2019, the Defendant: (a) brought a dispute with the victim’s new wall home home at the seat of the Defendant’s residence in Gwangju Mine-gu, Gwangju Metropolitan City, and D; (b) stated that “I will see what types of consciousness are together with his/her her fright and enter another place; and (c) I am the victim’s breast at the victim’s drinking room; (d) am the victim’s breast at hand; and (e) am the victim’s breast at hand, I am the victim’s drinking, followed the victim’s drinking, and then I am am the victim’s neck of the detailed fright of the movement requiring approximately 12 weeks of medical treatment; and (e) the ples of the ples of the ples of the unknown father’s ples.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment): Reduction element: serious injury [the scope of recommendation area and recommendation range], basic area of injury [the scope of recommendation area and recommendation range], April through June 1, and June.

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence, this case is that the defendant inflicted an injury on the victim who is his/her spouse, and thus, is highly likely to criticize the victim.

However, there is no history of criminal punishment against the defendant, the defendant recognizes and reflects his mistake, and divorces with the victim after the case, and the victim does not want the punishment for the crime of this case, and the defendant is suspected of the external appearance of the victim, and is contingent when the defendant fights with the husband.