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(영문) 부산지방법원 2015.11.12 2015고단5319

상해

Text

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

Reasons

Punishment of the crime

1. From July 2014, the Defendant became aware of the victim C (here, 38 years of age) and went into an internal relationship. On January 11, 2015, around 22:00, the Defendant entered the Embel near the victim and the Embel near Busan, which attempted to sleep with the victim, and the victim went into the Embel near the Busan, which was about to do so. At that point, the victim was “a person who gets married, will not be able to do so,” and the victim was “a person who gets married, will do so,” and the victim was flickly cut back at approximately 7 times on the left side of the victim, which requires approximately 4 weeks of medical treatment.

2. On January 20, 2015, the Defendant found the victim’s residence located in Daegu-gu F on the ground that he was not subject to telephone at around 21:00, and took a bath to the victim’s residence, and took care of the victim’s her hand when he/she was able to take care of his/her her son’s her son’s her son and her son’s son’s son’s son’s her son’s son’s her son

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

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

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

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] No person who does not have a basic area (4 months to 1 year and 6 months) [the decision of sentencing] [the decision of sentence]. Although there are certain responsibility for the victim in the occurrence of each of the crimes of this case, each of the crimes of this case was committed with the intent of maintaining such relations while the defendant maintained an inappropriate relationship with the victim, and further, when the victim did not receive a letter of suspicion from the victim, some of the contents of the complaint of this case were subject to a "disposition without suspicion" and the victim's complaint of this case was genuinely contradictory to the victim's complaint on the ground that the contents of the complaint of this case were exaggerated or false, the decision of sentence of this case shall be made in consideration of all the circumstances, such as the fact that there is a doubt.