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(영문) 대구지방법원 2018.01.30 2017고단6595
상해
Text

A defendant shall be punished by imprisonment for four 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 June 21, 2008, the Defendant married with the Victim B (V, 37 years old) on June 21, 2008, but was divorced by agreement on May 2017.

On October 4, 2017, the Defendant, around 11:20 on 11:20 around 10, and around 102 101 on around 10, 201, and on the issue of child support between the victim and his/her child, the Defendant: (a) reported the Defendant’s door while “the victim is going to go from this house; (b) putting the Defendant’s door into the front door; and (c) reported the Defendant’s door in the front door; (d) laid down the part of the victim’s lusium over one time; and (e) laid down two times the part of the victim’s lusium, such as the victim’s lusium.

As a result, the defendant suffered an injury to the victim at least 6 weeks of medical treatment, 11 times the left side of the victim, which is necessary to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation (related to submission of a medical certificate);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury [the scope of recommendation] [the person subject to special sentencing] is not subject to punishment (the person subject to special sentencing] under the following circumstances, taking full account of the following circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence is determined as ordered.

D. Unfavorable circumstances: The degree of injury to the victim is not weak, and the circumstances that are favorable for pleasure of the nature of the crime by assaulting the victim before children are viewed as having been committed; recognition of the crime with the victim; agreement with the victim; initial crime; and raising two children.

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