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(영문) 춘천지방법원 영월지원 2020.02.11 2019고단419
상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 58) are married couple.

The victim had a complaint against the defendant on the ground that the defendant was living in the second place and the convenience of the victim was not well known.

At around 20:00 on July 12, 2019, the Defendant called "the victim who was suffering from her care from the victim," "the victim who was suffering from her care from the victim", called "the victim who was suffering from her care from the victim, her life, her life, and her life," and cut the pesticide disease of the victim who was suffering from the disease outside the house, and then she her lifed the victim's face at the hand, she sat down the victim's face with the her hand, she sat down the her back, shoulder, the chest, the chest part of the breast part of the victim who continued moving to the living room, and she walked the chest part of the victim's chest that she was living outside the living room on one occasion, and she sat down two weeks after the victim she was suffering from the disease of the victim, and she satched two weeks after the head she was satched with the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Medical certificates, certificates of release on a deposit, and photographs of victims;

1. Application of Acts and subordinate statutes on investigation reports (D telephone conversations), and decisions on protective dispositions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.

3. The Defendant, who was sentenced to a sentence, sustained a serious injury when the victim, who is the spouse, was in need of medical treatment for about four weeks.

Even in 2017, the defendant had the same record of domestic violence against the victim and of family protective disposition.

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