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(영문) 대구지방법원 김천지원 2018.12.19 2018고단967
상해등
Text

A defendant shall be punished by imprisonment for 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

The defendant was a victim C (n, 60 years of age) and a related relationship.

1. On August 15, 2018, around 04:00 on August 15, 2018, the Defendant: (a) had been divorced from the Defendant’s wife prior to the date on which the damaged person, who had drinking together, had been suffering from the D Apartment-si, Kimcheon-si, the Defendant’s residence.

In order to hold a false statement about the fact, the victim's face and head are several times, and the victim who seeks to escape out of the room is knife the floor, etc., and the victim was injured by an injury such as an external booming booming, which requires approximately 6 weeks of treatment.

2. The Defendant damaged property at the above date, time, and at the above place, the Defendant: (a) the victim collected a mobile phone in order to make a telephone to his/her wife; (b) caused the damage to his/her wife by setting up it on the floor; and (c) caused the victim to cut off his/her neck from the defect following the escape from outside to the point of view; and (d) caused the victim to cut off by his/her hand.

As a result, the Defendant damaged one cell phone owned by the victim to repair 284,546 won, and damaged one string of the market price, which is the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body, clothes photographs of the victim, cellular phones of the victim, and dives of metal destruction;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. Type 1 (General Bodiity) (person in charge of special sentencing) (the person in charge of special sentencing) of the general injury caused by violence: The person in charge of punishment is not subject to punishment (decisions in the sphere of recommendation).

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