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(영문) 춘천지방법원 속초지원 2017.11.01 2017고단134
상해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2015, the Defendant was a person who had been convicted of eight times of violence, including being sentenced to a summary order of KRW 3 million as an injury, in the early branch court in the Chuncheon District Court on August 5, 2015.

On September 29, 2016, when telephone conversations between the husband and the husband of the victim E (in women, 57 years of age) in the D dan Do, which is located in the Gosung-gun of the Gangwon-gun on September 29, 2016, the Defendant made a telephone conversation between the victim and the husband of the victim, as a matter of which the victim took a bath against the husband of the victim, and the Defendant took a claim from the injured person, and caused the victim to be pushed down with both hand, and caused the victim's left knife with the victim's hand at one time when the victim's left knife the victim's face was treated,

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police preparation with respect to F;

1. The victim's photograph (the defendant and his/her defense counsel argued that the defendant's photograph (the defendant and his/her defense counsel are faced with the victim's appearance and face while being sealed by his/her hand), but the victim has taken face by his/her hand;

In full view of the following facts: (a) the statement about the day is made by the victim; (b) the victim does not want the punishment of the defendant under the agreement with the defendant only; (c) the victim seems not to have any need to keep his/her statement unfavorable to the defendant; and (d) the degree of damage which can be verified from the victim’s face photographs immediately after the case is difficult to be considered to be incurred in the process of extinguishing his/her body; and (d) the fact that the defendant inflicted an injury by assaulting the victim as stated in the facts constituting the crime

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. The fact that the defendant with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act has many records of punishment due to violence, the victim does not want the punishment of the defendant by unanimous agreement with the victim, and the victim is also the defendant.

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