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(영문) 부산지방법원 동부지원 2019.02.21 2018고단2322
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 23:00 on July 20, 2018, the Defendant, who was the spouse of the victim D (the 42-year-old), who was the spouse of the victim, due to usual divorce problems, etc. in Busan Shipping Daegu B apartment, and C, had the victim faceed on the floor by putting the head debt of the victim who was used under the Defendant’s growth.

As a result, the defendant suffered injury to the victim in the mouth and lower right-hand strings and ging of the strings that require treatment for more than 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement concerning D;

1. Application of Acts and subordinate statutes to the head of a complaint, a written confirmation of medical treatment, a criminal investigation report (in addition to data submitted by a complainant), a written diagnosis of injury, and a body judgment;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime was committed against the victim who is the wife for 42 days or more, resulting in an injury in the mouth and ging of the string of the strings and the right side below that of the victim, which is relatively heavy, and the Defendant committed a crime, such as having the victim go against the victim's head debt by getting off the strings on the floor, making the victim go against the strings in the course of exercising violence, etc.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, that the defendant agreed with the victim only smoothly, and that the defendant has no record of being subject to punishment exceeding violence or fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - Injury:

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