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(영문) 청주지방법원 영동지원 2019.09.26 2019고단97
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 was living together with the victim B (n, 55 years old) and the de facto marriage relationship for about five years.

On July 1, 2019, at around 02:50, the Defendant was drunk in the Cirresh of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and became an issue of female and the victim, and the Defendant was faced with the victim's head on the wall of the measures to sculbize the victim's head by taking the head's head's head's head's head's sculf, and was used as a room for the victim's head's head's sculf, with his hand and sculf, and caused the victim's injury, such as the victim's face, chest, sculf, arms, and legs, which require approximately six-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (a photograph of7, and a diagnosis report of the victim);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend lectures or order to provide community service;

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has a penalty): Reduction element: Where a person has failed to pay punishment (including a serious effort to recover damage) or has recovered from considerable damage (the area of recommendation and the scope of recommendation), reduction area, and two months through October.

3. Determination of sentence [Incompetence] The defendant, even though subject to a protective disposition for assault by the victim several times in the past, commits the crime of this case again and the responsibility for such crime is heavy;

The degree of injury of the victim is not somewhat weak.

【Pried circumstances】 The Defendant recognized the instant crime.

The victim does not want to punish the defendant.

In addition, this case's age, reputation, health status, environment, family relationship, circumstances after the crime, etc.

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