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(영문) 의정부지방법원 2018.05.25 2018고단948
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (here, 50 years of age).

1. On September 7, 2017, the Defendant: (a) at the Defendant’s house located in Yangju City, and around 20:00, the Defendant inflicted an injury on the victim’s chests, by pushing the victim’s chests seated in the bed, with the number of back water from the wall; (b) the victim’s lars lars, divided the victim’s lars, divided the victim’s lars into the victim’s lars, and made the victim take two open gates in need of approximately two weeks of treatment.

2. On January 2, 2018, the Defendant: (a) at a restaurant located in D in Yangju-si, Yangju-si around 18:30, the Defendant: (b) inflicted injury on the victim, on the part of the victim, on the part of the victim, on the ground that the victim drinks alcohol with the Defendant and dices while driving alcohol with other people; and (c) caused the victim’s injury, such as undermining the character of face requiring approximately two weeks of treatment.

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 copy of a medical certificate of injury, a medical certificate, or a photograph of victim injury;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Application of the sentencing criteria;

(a) Injury (determination of type), violent crime, general injury, type 1 (the scope of recommendations) (the scope of punishment recommended), imprisonment from April to June (the basic area);

(b) Handling multiple crimes: The lower limit of the scope of sentencing shall be set according to the sentencing criteria only by falling under concurrent crimes of the former part of Article 37 of the Criminal Act among the crimes of bodily injury for which the sentencing criteria set for not less than four months have been set, and the special injury for which no sentencing guidelines have been set;

3. Determination of sentence: One year of imprisonment, three years of suspended sentence, and the quality of the crime in this case of community service order is not good; and

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