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(영문) 대전지방법원 2018.12.18 2018고단3938
폭행등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2018, from around 09:00 to around 11:40, the injured Defendant continued to cover the victim’s phrase “to wur the Defendant’s residence” within Daejeon-gu building C, Daejeon-gu, Daejeon-gu, Daejeon-gu, and had the victim take the victim’s head debt, knee with the victim’s face and chest kne with the victim’s chest, and kne with the victim’s chest and upper body, where the victim’s chest and upper body were unable to know the number of days of treatment.

2. Special intimidation Defendant may kill the kitchen knife (35 cm in total length, 22 cm in length) and the kitchen knife (24 cm in length), which are dangerous things in the kitchen, in the time and place mentioned in the preceding paragraph, at the same time, and at the same time and place as mentioned in the preceding paragraph. The Defendant may kill the kitchen knife, “packer, knife, knife, knife, knife on a boat site, with the end of the width.”

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to D or E;

1. Each written statement of D;

1. A damaged photograph;

1. A certificate of medical treatment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant was punished for the same kind of crime even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture had the record of punishment, the defendant was committed again, and the crime of this case is not good in light of the means, method and content of the crime of this case, the defendant's liability is unlimited, but the victim has not been punished for the victim as the defendant's wife, and the defendant's confession is against the defendant, etc., the punishment shall be determined as per the order

Rejection of Public Prosecution

1. The case.

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