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(영문) 춘천지방법원 속초지원 2015.03.11 2014고단554

폭행등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

(e).

Reasons

Punishment of the crime

around 21:40 on January 26, 2015, the Defendant reported domestic violence to the police around September 2014 by the Defendant at the house of the Defendant located in Gangnamyang-gun, Gangnamyang-gun, and around 38 years old, the Defendant damaged the victim’s body and body when the victim reported domestic violence to the police around September 2014, 2014, and the victim “I am her imprisonment or her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. A report on investigation (Attachment of a medical certificate for a victim);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Reporting List);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The same criminal record for the victim is several times, and circumstances favorable to the gravity of the assault of this case is serious: The effect that agreement is made with the victim and it is less likely to repeat the crime, confession, and reflect on the fact that agreement is made with the victim (the point of assault, the point of accusation, the point of accusation, and the point of dismissal of prosecution).

1. On September 23, 2014, the Defendant, at around 20:20 on September 23, 2014, assaulted the victim D (the victim D, who was his wife, was under the influence of alcohol (the age of 38) on the part of the Defendant’s house located in Yangyang-gun C, by drinking the victim’s inner part of the body, five times at the 5-time breath of the victim’s internal part of the body, and by drinking the victim’s breath of the upper part of the body.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act, and are the same.