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(영문) 대구지방법원 2018.11.08 2018고단4359
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. 상해 피고인은 2018. 6. 25. 00:00 경 대구 남구 C에 있는 피고인의 주거지 내에서 법적인 배우 자인 피해자 D( 여, 27세) 가 채팅을 통해 만난 남자와 채팅을 했다는 이유로 화가 나, 손바닥으로 피해자의 뺨을 수 회 때리고, 발로 피해자의 옆구리를 1회 찼다.

As a result, the Defendant suffered injury, such as cutting off the body of a single flat, other than the flat flat, which requires approximately four weeks of medical treatment.

2. On July 4, 2018, at around 23:00, at the same place as Paragraph 1, paragraph (1) of the same Article, the Defendant: (a) mashed 2 bottled scam a week; (b) taken the victim’s hand with his/her hand at hand; (c) taken a knife, which is a dangerous thing in the kitchen, in the same place; and (d) threatened the victim with scam and scambling in the victim’s scams; and (e) threatened the victim with scambling in the victim’s scam and scam, which is a dangerous thing in the Defendant’s vehicle, at one time the part of the victim’s left part.

As a result, the defendant carried dangerous things with the victim and carried them for about two weeks of medical treatment, and carried out a string of the arms in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs of damaged parts);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The victim has repeatedly exercised violence, and the degree of injury to the victim is not less severe, and circumstances favorable to the victim that have not reached an agreement with the victim are confessions and reflects, and all of the of the instant cases are contingent.

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