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(영문) 대구지방법원 2018.07.19 2018고단1240
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 1998, the Defendant, as a matter of the relationship between the victim C (V, 54 years old) and the marriage, was in a state where the appraisal of each other was not good while engaging in a dispute since February 2018.

On February 14, 2018, the Defendant, at around 16:30 on February 14, 2018, went beyond the floor of the victim by cutting back the back of the victim by hand and cutting down the part of the victim's back to the floor, on the ground that the Defendant her head, who frighted to drinking at the inside of the first floor of the defendant's house located in Daegu Northern-gu, Daegu Northern-gu, was able to take a bath at the victim's house and her head, who was under a low dump while taking a bath.

As a result, the Defendant suffered injury to the victim, such as pressure pressure duplicating 70 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 suspended execution;

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

1. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the range of general bodily injury [the person subject to special sentencing] according to the sentencing guidelines: serious injury (the period of treatment shall be at least four to five weeks, and the injury to a father that remains or is dangerous): Imprisonment with prison labor for not less than six months but not more than two years;

2. Determination of sentence - Determination of sentence - Determination of sentence - the degree of injury of the victim, the fact that it does not reach an agreement with the victim - favorable circumstances: The fact that one's mistake is committed, the fact that there is no record of punishment, and the fact that the crime of this case appears to have been committed on a contingent basis, and the fact that it is difficult for a recipient of basic living as a recipient of basic living environment to take family circumstances into account other circumstances shown in the arguments of this case, such as age, sex, environment, family relationship, motive and consequence of the crime, etc.

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