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(영문) 대전지방법원 홍성지원 2016.06.21 2016고단223
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim C (ma, 41 years old) are married couples.

1. On March 3, 2016, the injured Defendant, at around 20:30 on the Defendant’s house located in Chungcheongnamnam budget group D, was under the influence of alcohol, resulting in the victim’s injury, such as an injury to the victim, by taking advantage of the victim’s cream, a mustache, etc., requiring medical treatment for about 10 days, such as the injury of the victim’s cream, abache, etc

2. A special intimidation: (a) at the time and place specified in paragraph (1) above, the Defendant: (b) taken the kitchen knife, which is a lethal weapon (36cm in total, 23cm in length) into the part of the victim’s title; and (c) continued to take the victim into the front air conditioners, and then threatened the victim, such as having the victim knife in the front air conditioners and knife in a knife with a knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of related Acts and subordinate statutes to 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures;

1. Application of the sentencing criteria;

(a) Type 4 (Habitual, Cumulative Crime, Special Intimidation) (limited to a person who has been subject to special mitigation) for a crime of intimidation (limited to a person who has been subject to special mitigation) (limited to a person who has been subject to special mitigation)

(b) The scope of final sentence due to the aggravation of multiple crimes of injury [the scope of recommending punishment] the mitigated area (two months-one year-one year-one year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-long] the aggravated punishment (including serious efforts to recover damage): Imprisonment with prison labor for a period from four months to one year-6 months.

2. Determination of sentence: (a) comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the details of the instant crime; and (b) the sentence as ordered.

A extenuating circumstances: Criminal domestic violence.

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