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(영문) 서울북부지방법원 2013.04.05 2012고단3189
상해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2012, around 22:20 on October 28, 2012, the Defendant called the Defendant’s house B apartment 149 Dong 909, the Defendant’s house, and the Defendant’s house to his wife C (at the age of 28) who is the injured party (at the age of 28) to turn off the victim’s face and vessel on the ground that the victim’s house is bad because it was not satched.

피고인은 피해자가 이를 모면하기 위하여 피고인의 손가락을 깨물자 손바닥으로 피해자의 얼굴을 밀며 손가락을 빼내어 피해자의 아랫니 2개를 부러뜨린 다음 발로 피해자의 배를 수 회 걷어찼다.

Accordingly, the defendant caused the victim to suffer from an influence of treatment days by extracting the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to report on investigation (reports on the state of hearing statements made by victims and contents related thereto);

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting a crime and Article 257 (1) of the Election of Penalties;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act requires severe punishment in that the defendant recklessly assaults a female victim and inflicts serious bodily injury. However, after the occurrence of the instant case, the defendant and the victim agree with each other by dividing the inner dialogue and are expected to live in a family again, and the victim also has an advancement of the defendant's wife, etc., the execution of the sentence shall be suspended only once in light of the fact that the defendant'

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