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(영문) 제주지방법원 2019.08.23 2019고단1079
폭행치상
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 in a de facto marital relationship with the victim B (nive, 51 years of age).

On September 20, 2018, the Defendant: (a) around 00:0 on September 20, 2018, at the time of the Defendant’s residence, posted TV together with the victim at the location of the victim; (b) caused the victim’s head by being pushed back to the victim once, and caused the victim’s head to face the victim’s head at the seat of the tin.

As a result, the defendant abused the victim, thereby resulting in the victim's second heat where it is impossible to know the number of days of treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the first written statement concerning B prepared by the police officer;

1. A written statement prepared B;

1. To enter the 112 Reporting Department, the 112 Reporting Department, and the 112 Reporting Case Handling List, respectively, of the police preparation;

1. Application of each of the related visual Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (1), and 257 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment under law] 1 month or seven years [the decision of a sentence] - violent crime, assault crime, second category [the special person causing violence] - mitigated elements - mitigated elements : in the area of reduction [the scope of recommendation] - mitigated elements - in the area of reduction [the scope of punishment ] 2 months to 2 months or 1 year and 6 months ] - In the case where the positive motive is minor - In the case where the attitude of crime is minor - In the case where the motive of punishment is minor - In the case of the same crime - In the case of the occurrence of positive motive - In the case of the occurrence of a contingency - In the case of the occurrence of a general participation reason - Unfavorable general participation reason - The period of suspension of sentence is more than twice but not less than 8 months : the defendant's previous conviction [the decision of a sentence] ] imprisonment with prison labor for not less than two months;

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