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(영문) 부산지방법원 서부지원 2019.01.22 2018고단644
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 and the victim B (n, 62 years of age) were living together from June 2013 to February 2018.

1. Injury;

A. On March 13, 2015, the Defendant, at around 02:00, injured the victim’s chest and head on the ground that the victim refused to engage in a sexual intercourse at the domicile of the Defendant of the Seocho-gu Busan Metropolitan City C Apartment D, by drinking, the Defendant injured the victim by strokeing the victim’s chest and head, and strokeed with both hand for about three weeks of treatment;

B. On March 31, 2017, at the first floor parking lot located in the above defendant's residence, the defendant confirmed CCTV in the factory operated by the defendant because the victim is suspected of having another female, and the victim was going to the factory, while leaving the factory to check the CCTV of the factory operated by the defendant, the defendant put the victim's shoulder over two arms for a approximately two-day period of medical treatment.

C. At around 08:00 on January 28, 2018, the Defendant asserted that the victim refused the same sex relationship as the preceding day in the above Defendant’s residence, and caused injury to the victim, which requires approximately eight weeks of medical treatment to the victim, on the one hand, on the ground that the victim refused the same sex relationship.

2. Around 20:00 on December 20, 2017, the Defendant: (a) abused the victim on the ground that the victim did not help the victim move his/her ship at the above Defendant’s residence; and (b) assaulted the victim once, as if he/she would have fright to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Each report on investigation;

1. Each medical certificate and each injury medical certificate;

1. Application of Acts and subordinate statutes to the head of a complaint, medical record area, certificate of outpatient treatment, photograph of victims, written opinion, supplementary reasons for complaint;

1. Relevant Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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