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(영문) 춘천지방법원 2013.9.5.선고 2013고단548 판결

상해

Cases

2013 Highest 548 Injury

Defendant

A

Prosecutor

Kim Jong-hun (prosecution) and Lee Jong-chul (Trial)

Defense Counsel

Attorney B (Korean Office)

Imposition of Judgment

September 5, 2013

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

At around 20:40 on June 18, 2013, the Defendant, at the small entrance of D apartment 205 Dong 1306, Docheon-si, Chuncheon-si, where the Defendant was unable to get out of his house, and the Defendant’s wife (45 years of age, 1306) prevented the Defendant from getting out of house, and caused the victim’s face and body part of the victim who was seated with drinking and shot, and was under several times to undergo approximately 6 weeks of treatment, thereby causing injury to the victim, such as the closure of the offline of the offline string, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1.The prosecutor's statement of the E;

1. A copy of a medical certificate;

1. Photographs of damaged part of the victim;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257 (1) of the Criminal Act, Selection of Imprisonment

Reasons for sentencing

【Determination of Type】

Violence. In general injury to the general public

【Determination of Recommendation Area】

Basic Area

【Scope of Recommendation】

From April to June 1,600

【Suspension of Execution】

- General participation reasons: negative

There is no serious reflective nature

No effort to recover damage is made.

【Determination of Sentence】

Although there are some circumstances to consider the Defendant’s intent to reflect when committing his/her crime, including the fact that the Defendant has expressed his/her intention to reflect, and that there is no record of heavy criminal punishment, it is inevitable to punish the Defendant as ordered, taking into account the following circumstances: (a) there is a criminal record of the same kind of crime; (b) the victim did not agree with the victim until now; and (c) the victim does not appear to have any effort to recover damage; (d) the Defendant is attempting to punish the Defendant; and (e) the Defendant appears to have exercised frequent domestic violence against the victim, not only the victim but also other family members, such as his/her children, etc.; and (e) the domestic violence like this case is likely to exert an adverse impact on the victim and other family members, and thus, it is inevitable to impose severe punishment on the Defendant. The degree of injury, character and conduct of the Defendant, and the environment of

It is so decided as per Disposition for the above reasons.

Judges

Organic Smoking