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(영문) 서울북부지방법원 2017.06.29 2016고단5550
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2016, at around 18:00, the Defendant suffered bodily injury, such as heat, etc., due to the Defendant’s saw the victim E by cutting the fingers into the part of the injured party, putting the fingers into the part of the injured party, and making the part of the injured party teared into the part of the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A medical certificate or an injury medical certificate;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection: The degree of damage suffered by the victim due to the defendant's act is not weak.

The defendant has previously committed violence against the victim.

The injured party is trying to punish the accused.

The favorable circumstances: the defendant is against the fact that the defendant has caused this case.

The Defendant was frequently fighting between husband and wife due to the difference of character with the victim, but efforts were made to maintain the livelihood of his family.

The defendant and the victim seem to have no possibility of recidivism in the future due to divorce action.

The defendant is an initial criminal who has no record of criminal punishment.

The punishment shall be determined as ordered in consideration of such circumstances as the age, sex, motive of the crime, and circumstances after the crime.

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