상해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 1, 2018, at around 23:00, the defendant suffered injury to the victim E (the 42 years old) who is his spouse at the residence of Seo-gu Daejeon apartment house 115 dong 502, Seo-gu, Seo-gu, Daejeon, 115 dong 115 dong 402, and the defendant suffered injury to the victim, including the face of the victim, by making the hand floor over a collapse time, and after being pushed together, the victim's face cannot be identified.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by comprehensively taking account of the following circumstances:
The favorable circumstances: The confession of the crime of this case and reflect it.
With the original agreement with the victim, the injured party does not want to punish the accused.
Unfavorable circumstances: Domestic violence against a de facto marriage spouse before 2016 is transferred to domestic protection cases, there is also a little time to receive a domestic violence transfer disposition against a victim in 2017, and it has already been punished by a fine due to interference with the performance of official duties on February 2018.
In the absence of trust between the victims due to the external problems of the victim, aggressive actions against the victims of violence are repeated, and the fear of recidivism is also high.
Kim Jin Kim Jin