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(영문) 수원지방법원 안양지원 2016.10.26 2016고단1343
특수상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on January 5, 2016, the Defendant: (a) was disputing each other on the grounds that the victim was in a de facto marital relationship with the victim B (n, 44 years of age) who was living together with a person involved in a de facto marriage, and (b) No. C and 104 on the grounds that the victim was frying alcohol and staying home late late, the Defendant she saw boomed with a combined material, a dangerous object ( approximately 40 cm in length, about 30 cm in length, about 30 cm in length in length) in both hands and fying one time to take the victim’s head, and caused the victim to take approximately two weeks of medical treatment.

2. At around 01:00 on May 13, 2016, the injured Defendant, at the places indicated in the foregoing paragraph 1, contested one another on the grounds that the victim spawns and returned home late, 2:3 times or more per hour, walked on the left side part of the victim, and continued to 10 times less than the back of the victim satis on the hand floor, and led the victim to a satisfying of a chest external wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the range of punishment according to sentencing guidelines] - The general injury area (two months to one year) mitigated (the general injury area): The special mitigated person: the sentencing guidelines is not set for the crime of special injury in the holding that there are concurrent relationships with the crime of injury in which the decision not to punish is rendered, and the lower limit is based on the lower limit of the above recommended sentence range [the decision of sentence] the punishment of this case for two years of suspended execution in August, and each of the crimes of this case are committed.

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