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(영문) 대전지방법원 2018.05.31 2018고단1286
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

[criminal history] On January 18, 2015, the Defendant, who is married with the victim B and is married with the victim B, has the record of being transferred home protection cases at the Daejeon District Prosecutors' Office on September 19, 2016.

[2] On March 17, 2018, the Defendant: (a) around 01:0, at the dwelling space located in Seo-gu Daejeon, Seo-gu Seoul apartment complex 4, 101, performed drinking and drinking alcohol; and (b) when drinking and drinking alcohol, the Defendant’s head and drinking eye of the victim; and (c) when drinking and drinking eye, the Defendant dives, inside and outside of the entrance, and the mouths of the mouths, and the strings and strings of the mouths, with which the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reporting on the occurrence of a case suspected of domestic violence (Assault) and reporting on the investigation, pictures, and criminal investigation reports (related to statements of victims);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances under the grounds for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as shown in the argument of the instant case, the punishment as ordered shall be determined.

In light of the circumstances leading up to the instant crime, the form and content of the act of assault, etc., the crime is not good, the degree of injury suffered by the victim is deemed to be less and less, and even before the instant case, the circumstances favorable to the fact that there were two times the investigation records due to domestic violence, etc.: The confession of the instant crime, the confession of the instant crime, the fact that there is no particular criminal punishment except for the case subject to the one time transfer disposition, and the victim wanted to have the prior wife by expressing his intent that he does not want the punishment against the Defendant.

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