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(영문) 대전지방법원 천안지원 2018.11.22 2018고단2450
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although the defendant and the victim B were legally married, they are currently divorced by agreement.

피고인은 2018. 8. 18. 03:30 경 천안시 서 북구 C, 105호에서, 피해자와 이혼문제로 말다툼을 하던 중 화가 나 주먹으로 피해자의 얼굴과 머리 부분을 수회 때리고, 발로 배 부분을 걷어찼으며, 계속하여 부엌에 보관되어 있던 위험한 물건인 부엌칼( 총 길이 20cm) 을 가지고 와 피해자의 손에 쥐어 주면서 ‘ 자살을 한다는 유서를 쓰라’ 고 말하면서 피해자를 때렸다.

As a result, the Defendant inflicted an injury on the victim, such as the inner part, the inner part, the right side, and the inner part, which requires approximately two weeks of treatment, and threatened the victim with the kitchen-car, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. 112 Notification to a department related to the report of the case;

1. Photographs taken by a victim of violence;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of kitchen photographs and photographs);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. The fact that there is a bad quality of the crime, such as assaulting the victim and threatening the victim by carrying dangerous things, and that there is a record of punishment already being punished for violent crimes: Provided, That the fact that one's mistake is recognized, the fact that the degree of injury to the victim is not severe, and other various sentencing conditions, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account the following factors:

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