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(영문) 광주지방법원 2017.05.11 2016고단5804

특수상해등

Text

Defendant

A shall be punished by imprisonment for eight months.

However, the above sentence against Defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A reported the marriage on September 20, 2006 to victims E (n, 39 years of age) and September 20, 2006.

1. On June 13, 2015, the Defendant: (a) around 00:00, at the lower level of the Defendant’s house located in Gwangju Northern-gu, the Defendant: (b) frequently opened their children from the Defendant’s house located in Gwangju Northern-gu, to the victim’s wrongness; (c) got the victim by taking advantage of the original wood, which is a dangerous object; and (d) faced the victim with injury, such as an open wound, where approximately two weeks of treatment is required for the victim, due to drinking and growth.

2. The injured Defendant is one family member of the Defendant who was punished for a dispute with the Defendant during the period of punishment of the dispute with the Defendant at the location described in paragraph (a) around 00:00 on September 12, 2016 by the Defendant’s family at the location described in paragraph (a).

C.

Whether it is necessary to make food well.

As a result, the victim suffered bodily injury, such as the shoulder and the string of the arms and the parts of the arms of the victim, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to the medical certificate of injury (G hospital) and medical certificate (H family medical clinic);

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) (a) of the Criminal Act (a point of inflicting an injury on carrying a dangerous thing) and Article 257 (1) of the Criminal Act concerning the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) A recommendation-type 1 for each crime: A special injury: (a) a crime of bodily injury (the scope of a recommendation-type (the general injury) that is not set in the sentencing guidelines; (b) a crime of bodily injury (the scope of a recommendation-type (the scope of a punishment) is committed; (c) a mitigated area (two months to one year); or (d) a minor injury;

(b) Application of standards for handling multiple crimes: At least two months of imprisonment (at least the lowest limit of the recommended punishment shall be reflected because a crime for which the sentencing criteria are not set);

2. Determination of sentence;