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(영문) 서울서부지방법원 2017.06.02 2016고단3716
상해
Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2016, at around 01:00, the Defendant: (a) opened head bonds with the Defendant’s residence in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 101; (b) brought about disputes with the wife victim D (at the age of 39) and son’s custody right; (c) plucked the Defendant’s right arms to the right of the Defendant with his hand; (d) plucked the Defendant’s face with his hand; and (e) removed the Defendant’s head bonds with about three weeks of treatment; and (e) laid the Defendant’s head bonds, then, he saw the strings before the right of the Defendant requiring approximately

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders.

5. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

1. Recommendation and sentence of the sentencing criteria: [The scope of the recommended punishment] general injury (the scope of general injury) area of mitigation (two months to one year) (the person subject to special mitigation) is not subject to punishment;

1. In consideration of the fact that the Defendant had been sentenced 26 times or more including four times the suspended sentence of imprisonment with prison labor for about 15 years, and most of them have been punished due to violent crimes, and violence has been committed in addition to the crime of violence, and the Defendant committed the instant crime during the suspended sentence for attempted murder, and the Defendant appears to have exercised several violence against the victim or his children on several occasions during the suspended sentence period, the Defendant should be punished strictly. However, the Defendant’s mistake is against the Defendant, but the Defendant’s wife did not have much weighted, the Defendant and the victim wanted divorce, and the victim did not want to be punished against the Defendant.

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