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(영문) 대전지방법원 서산지원 2016.01.27 2015고단801

상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the husband of the victim D (V, 27 years old) who is the legal father.

1. On January 4, 2011, the Defendant committed a crime on January 4, 201, at the residence of 103 Dong-dong 201, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and around January 4, 201, on the ground that, while the Defendant’s computer games, it was difficult for the victim to come up with knife only and knife the face, etc. of the victim while she is running a computer game, the Defendant laid down a pellley where the number of medical treatment days cannot be known to the victim.

2. The Defendant committed the crime of August 13, 2015, at around 22:30 on August 13, 2015, at the residence located in Chungcheongnam-gu, Chungcheongnam-do F lending 202, the Defendant, along with alcohol, sustained injury, such as the external stress on each side of the strings in need of approximately four weeks of treatment, by taking the victim’s face into consideration the victim’s hand, who was on the part of the victim who was on the part of the bed part of the bed part of the bed and went beyond the bed due to drinking as a problem of drinking together.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to medical certificates of injury, records in an emergency room, photographs, and records of outpatient treatment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is a domestic crime of which the defendant committed two or more injuries against the victim who is the spouse. In particular, on August 13, 2015, the fact that the degree of self-injury on the victim on August 13, 2015 is disadvantageous to the defendant, and that the defendant recognized his mistake and reflects his depth, the victim deposited KRW 2 million with the treatment expenses for the victim, the victim after filing a divorce lawsuit against the defendant, but did not want the defendant's punishment by making a decision with the defendant again, and that the victim did not have any criminal record other than the fine of KRW 7 million due to the crime of assault.