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(영문) 서울중앙지방법원 2016.09.23 2016고단5042

상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] Since around 2013, while maintaining a de facto marital relationship with the victim C (n, 44 years of age), the Defendant sent and received text messages indicating the victim’s name as “voluntary,” “I wish to report,” “I wish to report,” or “I wish to report,” or made a doubt about the victim’s sexual relationship more.

[2] On July 24, 2016, at around 04:30 on July 24, 2016, the Defendant: (a) asked the Defendant and the victim’s residence in Jung-gu Seoul, Seoul, to find out whether the victimized person had sexual intercourse with a man in the name of the victimized person; (b) took back the parts of the victim’s head at two seconds, taking back the parts of the victim’s face, the parts of the body, the parts of the body, and the parts of the victim’s face with the hand, putting the finger into the damaged person’s face; (c) forced the Defendant to put the finger into the damaged person’s wound; and (d) caused the victim’s injury, such as leaving the part of the victim’s humf, and leaving the victim’s right-pass, which requires four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to damaged parts of photographs and diagnostic reports;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense and Article 257 (1) of the Selection of Punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

1. The sentencing criteria [Scope of the recommended punishment] and the basic area (from April to January 1) (the person subject to special sentencing) of the basic area (from April to June 6) (the person subject to special sentencing) of all types of violent crimes, and non-influence of the punishment;

2. Although the degree of the instant injury is severe and is not good, it is ordered that the Defendant reflects the Defendant’s mistake, that the Defendant does not want punishment by mutual consent with the victim, that there is no criminal record exceeding the fine, and that other conditions of sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, sex, environment, occupation, family relationship, etc., should be comprehensively considered.