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(영문) 서울서부지방법원 2019.05.10 2019고단764

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality, who is married between victim B (B, Chinese nationality, female nationality, 45 years old) and approximately three years ago.

At around 02:00 on December 23, 2018, the Defendant, at the house of the Defendant’s husband and wife located in Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Branch, brought an injury to the left-hand side of the Defendant, such as the mouth and the mouth of the wall, in which the number of days of treatment cannot be known, when the Defendant took several interviews with the victim, he gets involved in a verbal dispute with the victim on the ground that the Defendant drinking alcohol and returned home late.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of each investigation report (Attachment of documents, such as a written diagnosis submitted by a suspect A and victim B, and a written diagnosis submitted by a victim B);

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

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general injury [Class 1] general injury (special-speed person] and mitigation factors: Reduction area of punishment [the scope of recommendation area and recommendation range] mitigation area, imprisonment between February and October;

2. In cases where the defendant in the decision of sentence has inflicted an injury on the wife by exercising violence against the victim, the punishment for such crime shall not be minor, but the degree of injury shall not be minor;

However, the sentencing conditions shown in the records and arguments of this case, such as the defendant's time to commit a crime, the fact that the victim does not want the punishment of the defendant, and the age, character and conduct, environment, motive, means and result of the crime, etc., shall be determined as ordered by considering the following factors.