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(영문) 전주지방법원 남원지원 2018.12.11 2018고단203

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant has been living together for about one year with the victim B(n, 49 years of age) and the relationship with the victim B(n, 49 years of age).

around 18:00 on August 16, 2018, the Defendant inflicted an injury upon the Defendant and the Victim’s house located in Namwon-si, and upon the Victim’s entrance to the Defendant due to her drinking, the Defendant suffered an injury, such as the number of days in front of the number of days of treatment, by taking the Victim’s entrance to the Defendant due to her drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal investigation (such as photographing a victim's body, etc.);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Application of the sentencing criteria [the types of decisions] and class 1 (general injury) [the person who is subject to special sentencing] mitigated elements: The area of mitigation of punishment [the area of recommendation] mitigated scope of punishment [the scope of recommendation] mitigated range of punishment [the scope of punishment] from February to October.

3. The fact that the Defendant, prior to the instant crime, had a record of punishment for an act of violence, which had already been punished three times prior to the instant crime, and that the degree of injury suffered by the victim is not less than that of the Defendant is disadvantageous to the Defendant.

However, the facts that the defendant reflects the defendant, that the victim does not want the punishment against the defendant by the defendant's unanimous agreement with the victim, that the defendant seems to have reached the crime of this case by contingently considering the circumstances favorable to the defendant, and all other sentencing conditions specified in the arguments of this case shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.