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(영문) 대전지방법원 천안지원 2018.02.23 2017고단1782
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is the husband of the victim C (V, 40 years of age).

1. On July 7, 2017, around 23:30, the injured Defendant inflicted injury on the victim, who was staying home in the south-dong building D (203) in Yancheon-gu (Yancheon-gu), and who was suffering from a dispute with the victim who was living home with drinking alcohol, resulting in an influence of numbers in the victim, and resulting in an injury, such as a fluence, frush, and frush, which require treatment for about 29 days for the victim due to his/her fingers, etc.

2. The Defendant damaged property by means of destroying the victim’s cellular phone owned by the victim (referring to the gallon No. 4, 195,00 won in heavy height) by putting the victim’s cellular phone on the floor at the above time and at the above place.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to the victim's photograph and the 112 Report Processing Table [ although the defendant is partly disputing the method of assault, it is sufficiently recognized that the defendant used violence to the victim as in the facts charged, according to the evidence above]

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. Sentencing criteria;

(a) Class 1 Crimes (Assaults) (Extent of recommending punishment) and the basic area (from April to January 1) (no person who has any special sentencing factors) of the First Class (General Bodis).

(b) Class 2 Crimes (Destruction) [Scope of the recommended punishment] general standards and the basic area (from April to October) (no special sentencing person exists).

(c) The scope of final sentence due to the aggravation of multiple offenses: April to November; and

2. In the past, the Defendant was punished for a violent crime, and family protective disposition is issued due to domestic violence.

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