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(영문) 대구지방법원 안동지원 2021.02.23 2020고단664
상해
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 is the husband of the victim B (son, 71 years of age) who is currently serving as a member of the D church located in C when he is permanently residing.

On May 27, 2020, the Defendant: (a) at the F Care Centerhouse located in E at a permanent residence of around 22:00, the Defendant, at the time of the foregoing permanent residence on May 27, 2020; (b) the immediately preceding Defendant, who had observed the situation in which another woman is in a sexual relationship at the home of the said D church, she was satisfing the victim, who had observed the situation in which the victim was in a serious shock and went home.

Nice, so far, can with the wind so that it can with the wind, she must die, she should with the death of the dead, she can with the bat of the victim's bat, fat face, shoulder, and arms several times, she can with the fat of the victim's bat, shed the victim's bat of the fat, shed the fat of the victim's fat, shed the head fat of the fat of the fat of the victim, and shed the victim's fat of the bat of the fat of the victim, and shed the bat of the right bat of the victim.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. The investigation report by the police on the defendant's legal statement B (Submission of the victim's diagnosis report), diagnosis report, investigation report (Submission of photographs on the victim's wife), application of the law of photograph;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the general injury [the category 1] general injury [the person subject to special sentencing] mitigated element of punishment: The factors subject to the aggravation of punishment: The basic area of the motive for the crime [the area of recommendation and the scope of the recommended punishment], April through June of the imprisonment.

3. The sentencing criteria shall be taken into account both the following circumstances under the sentencing decision and the records and changes of the defendant's age, sex, environment and circumstances after the crime.

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