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(영문) 제주지방법원 2016.06.30 2016고단463
상해
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

The defendant is the legal marital relationship between the wife of the victimized person C (V, 53 years of age) and the husband and wife who married in 1992 and has a female of one other.

피고인은 2016. 3. 19. 03:00 경부터 05:20 경까지 사이에 제주시 D에 있는 주거지에서 피해 자로부터 술을 많이 마시고 늦게 귀가하는 것에 대해 항의를 받고, 피고인의 말을 피해 자가 휴대전화로 녹음하는 것에 화가 나 손으로 피해자의 멱살을 잡아 넘어뜨리고 발로 피해자의 허리 부위와 상체를 3~4 회 밟고, 손바닥으로 피해자의 얼굴을 5~6 회 때리고, 발로 피해자의 엉덩이를 2회 걷어찼다.

As a result, the defendant put up the victim at approximately 6 weeks of treatment on the front cages of the chest, the left cages at the left cages, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (Attachment of a medical certificate for a victim), and a medical certificate;

1. A criminal investigation report (attaching a medical record paper);

1. Application of relevant Acts and subordinate statutes to the Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Inflicting the aggravated area (six months to two years) (special aggravated) (one and four years) of the aggravated area, the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria;

2. The Defendant’s age, sexual conduct, environment, relationship between the Defendant and the victim, circumstances leading to the instant crime, means and result, circumstances after the instant crime, and other various sentencing conditions specified in the pleadings are considered. In particular, the following circumstances should be taken into account: (a) the instant crime was committed in a manner that the Defendant inflicts bodily injury on the victim, and (b) the crime was committed on a legally superior basis; and (c) the Defendant has already been sent two times, one time, and another time.

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