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(영문) 창원지방법원 통영지원 2017.04.19 2017고단13
상해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

피고인은 2016. 9. 30. 22:00 경 통영시 C에 있는 피해자 D(77 세) 의 주거지에서 피해자와 이야기를 나누던 중, 이전에 자신의 아내와 피해자가 불륜을 저질렀던 것이 떠올라 화가 나 주먹으로 피해자의 얼굴 부위를 약 5회 때리고, 그곳에 있던 접이 식 의자를 그곳 현관 샷 시문을 향해 던져 피해자 소유인 시가 미상의 현관 유리창 1 장을 파손하였다.

Accordingly, the defendant caused the victim to go on the left-hand side of the treatment days and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the punishment heavier than the punishment (to the extent that it is aggregated with the long-term punishment of two crimes));

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Where the injury (including serious efforts to recover damage) or considerable damage has been restored to one category of special mitigation area (one month to one year), the special mitigation area (one year), the minor injury (including one type of special mitigation), the non-execution of punishment (including a serious effort to recover damage), or the damage has been restored to one category of general injury (the scope of recommended punishment).

(b) Cases where the mitigated area (one to six months) of the mitigated area (one-month), the punishment is not suspended (including serious efforts to recover damage), or substantial damage is recovered from the mitigated area (including one-way efforts to recover damage) of the second-class crime (the scope of the recommended punishment) (the scope of punishment) general standards;

(c) The scope of final sentence due to the aggravation of multiple offenses: one month to one year and three months; and

3. The defendant who has been sentenced to a fine and has been sentenced to a suspended sentence of imprisonment once for the same crime.

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