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(영문) 대구지방법원 경주지원 2019.03.28 2018고합91
중상해
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant has a legal spouse, and is in a de facto marital relationship with the victim, such as the victim B (n, 51 years of age) and two children, and living as married couple for 25 years.

On August 6, 2018, the Defendant: (a) around 23:10 on August 6, 2018, at the residence of the “D” located in Si-si, Si-si; (b) on several occasions, when the victim, who has ordinary alcohol dependenced, was able to see himself and her head, etc. of the victim, her head, etc., due to his/her loss, and caused danger to his/her life, such as causing the victim to a state of unknownness due to an unexplosionless bladying transfusion, which requires approximately eight weeks medical treatment.

Accordingly, the defendant injured the victim's body, thereby causing danger to his life.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Investigation report (related to securing of statements from victims and treatment conditions);

1. One medical certificate and the application of Acts and subordinate statutes;

1. Grounds for sentencing under Article 258 (1) of the Criminal Act with respect to the relevant criminal facts;

1. The scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 2] and the absence of serious injury [the scope of recommendation field and recommendation range] (the scope of recommendation field and recommendation range], the basic area of punishment, one year to two years.

3. Determination of sentence: The crime of this case for 2 years by imprisonment was committed by the defendant while living together in a de facto marital relationship for 25 years, resulting in an unidentified state due to the depression, depression, and so forth, and the nature of the crime is bad;

Although victims have recovered their consciousness, they still are in a state of overage due to the aftermath, meals with landscape due to the aftermathy disorder, and continuous rehabilitation treatment is needed not only to communicate normally but also to continue in the future.

The Defendant continued to deny the instant crime in the course of investigation, and the victim.

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