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(영문) 춘천지방법원 영월지원 2017.11.28 2017고단431
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

[criminal records] The Defendant was sentenced to a suspended sentence of two years on August 24, 2017, in the Credit Support of Suwon Friwon, to imprisonment with prison labor for the crime of assault on August 16, 2017, and the said judgment became final and conclusive on August 24, 2017.

[Criminal facts] The Defendant and the victim B (V, 57 years old) were in a de facto marital relationship from December 2016 to the time of the instant case.

On August 4, 2017, around 17:20, the Defendant’s house at the victim’s house of Gangwon-gun apartment C, 2.308, and reported that the victim is accompanied by D, and the Defendant’s house at around 17:20 on August 4, 2017.

In this year, the Bad., the Bad.’s Bad.’s Bad. The Bad.’s Bad.’s Bad, the water, which was gas or smelled in the above smell, was fluored on the left and left side of the damaged party, and was fluored on the well-owned side of the injured party, and the mixed with the oil was damaged by the injured party. The victim, who was fluored by the injured party, was fluored by the injured party in his hand, was in need of medical treatment for about 14 days on the left side of the injured party, and then fluordd. the victim, who was installed in front of the entrance at the entrance of the entrance, was destroyed by fluoring the floor on both sides.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written statements of D;

1. A written diagnosis of injury;

1. Investigation report (on-site photographs and photographs attached to damaged parts), photographs;

1. Investigation report (as to the suspect's de facto marriage)

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a report on investigation (verification during the period of probation) and a copy of judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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

(a) Category 1 Crimes (Assaults).

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