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(영문) 창원지방법원 통영지원 2014.02.28 2013고단937
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a victim C (math, 43 years of age) and a married couple under law.

At around 20:50 on September 6, 2013, the Defendant returned home, while under the influence of the Defendant’s house located in J, Jinsung-gun, Jinsung-gun, and the Defendant returned home, and the Defendant frequently transferred the part of the victim’s bridge that he received to his wife without using in his home the monthly salary and frequently transferred it to his wife. On the ground that there are many maths, the Defendant laid off about 10 times the part of the victim’s bridge that was accumulated on the ground of the Defendant’s bridge, and laid off the water disease in the cold conditioning, on the other hand of the victim’s right part, and laid off the part above the victim’s 4-5 times the part of the victim’s bridge.

As a result, the defendant got the victim to complete the right-hand part in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Requests for cooperation in investigation, application of photographic Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing in Article 62-2 of the Probation Criminal Act, the defendant is recommended to be sentenced to four months to one year and six months (not to be subject to special punishment). The defendant has repeatedly exercised domestic violence, taking into account the sentencing factors disadvantageous to the defendant.

However, there is no criminal records of imprisonment without prison labor or heavier, and the fact that a defendant reflects his/her gender shall be considered as the grounds for sentencing favorable to the defendant, and other grounds for sentencing, such as the age, family relationship, and degree of damage, shall be determined by comprehensively

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