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(영문) 부산지방법원 2016.11.29 2016고단5626

상해

Text

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

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

Reasons

Punishment of the crime

1. On August 1, 2016, the Defendant: around 16:20 on August 1, 2016, on the ground that the victim D (n, 56 years of age) who is the spouse of the Defendant’s legal marriage in Busan, was in dispute with the victim at the workplace of the victim D (n, who is the spouse of the Defendant’s legal marriage in Busan, had the victim go beyond the floor, caused the victim to go beyond the floor by hand and caused the victim to go beyond the floor; then, the Defendant took part in the part of the victim, thereby requiring approximately two weeks of treatment to the victim.

2. On September 1, 2016, around 10:00 on September 1, 2016, the Defendant: (a) brought the victim’s head debt to the room in the above residence of the victim in Busan Northern-gu, Busan in order to prepare for a divorce suit on the grounds of the Defendant’s above violent act, etc.; and (b) brought the victim’s escape into the room in the above residence on the ground that the victim’s head debt was frighted.

The Defendant continued to inflict bodily injury on the victim by hand by plucking the victim's face, breaking up the victim's face, taking place by hand, and plucking, plucking, etc. the victim's arms, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act for probation and community service order Article 62-2, crimes No. 1 [the scope of recommendations] for the first category (the scope of recommendations) and the mitigated area (2-1 year) (2) of the mitigated area (1-1 year) [the scope of recommendations] for minor injuries (1-4 years)] [the scope of recommendations] for the mitigation area (2-1 year), for the first category (1-1 year), for the mitigation area (2-1 year), for the second category of minor injuries (1-4 years), the final sentencing scope according to the aggravation of multiple crimes: February to 16 (the decision of sentencing], and currently there is no same power.