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(영문) 인천지방법원 부천지원 2013.09.05 2013고정1105
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 2, 2013, the Defendant: (a) around 14:40 on February 14, 2013, the victim D (the 38 years of age) who is a woman living together with his mother at his own house in Seocheon-gu, Seocheon-gu, Seoul (the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, injury diagnosis report, diagnosis report, and photograph;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (one day converted into 50,000 won) of the Criminal Act;

1. The phrase "when the circumstances prior to the opening of sentence" in the condition of suspended sentence refers to a case where the defendant would not be subject to the punishment even if the sentence was not imposed considering comprehensively the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, and the situation where the defendant would not be subject to the punishment again. On the contrary, the phrase "where the circumstances prior to the opening of sentence is obvious" is limited to a case where the defendant is in depth of the crime, or it is not interpreted that the suspension of sentence may not be always made in a case where the defendant denies the criminal facts without confession.

(See Supreme Court en banc Decision 2001Do6138 Decided February 20, 2003, etc.) Article 59(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 2001Do6138, Feb. 20, 200) regarding the Defendant and defense counsel’s assertion, the Defendant alleged that there was no fact that there was no injury by assaulting the victim as stated in its holding. However, each statement that conforms to the facts set forth in the court and the investigative agency of this case made by D

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