Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is in the relationship between the victim B (n, 45 years of age) and the law marriage, and has been living together in the Manan-gun C, Chungcheongnam-do, and has continuously abused and assaulted the victim.
On February 2, 2016, at around 20:00, the Defendant used golf loans, which are dangerous objects in front of the above residence, and used golf loans and used the head of the victim one time with the above golf loans.
Summary of Evidence
1. Partial statement of the defendant;
1. Protocol of the police statement concerning B;
1. Application of investigation reports (related to crimes of violence) and investigation reports (medical records in an emergency room) Acts and subordinate statutes;
1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant has no criminal record, the defendant and the victim are the first offender who has no criminal record; the defendant and the victim do not continue marital life any longer after divorce; and the victim does not want the defendant's punishment; the defendant shall be punished as ordered by taking into account all the factors of sentencing as shown in the records and arguments of this case including the defendant's age, character and conduct
Public Prosecution Rejection Parts
1. Around December 9, 2018, the Defendant of this part of the facts charged (Intimidation) threatened the victim by phoneing the victim who had been in the said residence to the victim at the Jeonnam-gun, Chungcheongnam-gun, Seoul-do, and by speaking him to the victim at the seat of the said residence, saying, “I are going up near D, I are not in the house, and I are not in the house, and I are now in the house.”
From around that time to January 26, 2019, the Defendant threatened the victim in the same manner four times in total, such as the list of crimes in attached Table, from around that time, to around that time.
2. Determination:
(a) Applicable provisions of Acts: Article 283 (1) of the Criminal Act;
(b) Crimes of non-compliance with will: Article 283 (3) of the Criminal Act.
C. The victim is not subject to punishment (the victim submitted an agreement and a written application for no punishment to this court on December 24, 2019).