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(영문) 의정부지방법원 2016.11.30 2016고단4151
상해
Text

1. Defendant A shall be punished by imprisonment for three months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 20, 2016, the Defendant: (a) around 21:30 on August 20, 2016, when he sawd the part of the victim B with the victim B (year 55) of the same kind of e-loan 102, in the E-Ba 102 room in which the Defendant was living in the south of the Defendant, who is the wife of the Defendant in Dongbcheon-si, with the same e-Ba 102 room; (b) without any justifiable reason, when he sawd the part of the victim B’s left eye, he saw the victim B into the left eye, and caused the injury that the following

2. Defendant B left part of the victim A’s left part of the victim’s body, and the victim F (the victim F, who is the wife of the above A, 50 years of age) took place by setting up against the victim A (the victim 55 years of age) at the above time, at the above time, and at the above time and place, the victim f (the victim f, who is the wife of the above A, 50 years of age), reached the above F’s hand.

As a result, the defendant committed the injury that the person's body was cut, such as the upper part of the left side, which cannot specify the treatment period to the above A, and the second part of the 2nd balance, which cannot specify the treatment period to the above F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on standing photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant

1.: Article 257 (1) of the Criminal Act, the choice of imprisonment;

B. Defendant

2. : Articles 258-2 (1) and 257 (1) of the Criminal Act;

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

1. Discretionary mitigation (Defendant 2) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The Defendants’ crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, including the suspended sentence (the Defendants), are not good for each of the crimes, and it is inevitable to imprisonment with prison labor for all of the crimes due to their gross circumstances.

In particular, in the case of Defendant B, the sentence is aggravated in that the two victims are injured by a dangerous object.

However, the Defendants had long-term relationship with each other, and the instant case.

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