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(영문) 서울동부지방법원 2019.07.18 2019고단1579

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On June 26, 2017, the Defendant received a disposition to transfer home protection cases from the Seoul Dong District Prosecutors' Office for the crime of assault against his spouse B (n, 31 years of age) and received a summary order of KRW 1 million on June 12, 2015 from the Seoul Dong District Court for the crime of assault.

On January 21, 2019, at around 00:15, the Defendant, while drinking alcohol with the victim B in the residence located in the Gwangjin-gu Seoul Special Metropolitan City C building D, assaulted the victim’s face, hair, distribution, etc. with the victim’s hand on the ground that the victim was her out of his/her house, and her drinking and drinking with the victim, and her face, hair, distribution, etc. were brupted by the victim’s hair and her eye, and she she she she she she she was brued by the victim, and she she she she

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on an occurrence;

1. A photograph damaged by an injury;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

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

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Criminal Act on probation and order to attend the course of the crime of this case should be strictly punished for the defendant, in light of the fact that the defendant committed an injury to the victim as a result of leaving the body of the victim, and the crime of this case is considerably not appropriate for the crime, and that the defendant has the criminal records handled several times as he assaulted the victim and family members even before the crime of this case.

On the other hand, the circumstances favorable to the defendant are considered as follows: (a) the victim wants to leave the defendant, (b) the defendant has no criminal records subject to the punishment heavier than the previous fine, and (c) the defendant recognized his/her mistake and reflected his/her mistake.

In addition, various sentencings shown in the trial process of this case, such as the age, character and conduct, environment, and circumstances before and after the crime.