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(영문) 대구지방법원 2015.11.13 2015고단4404
상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the 43 years of age) are married couple.

1. Around 02:00 on July 28, 2015, the injured Defendant inflicted bodily injury on the part of the Defendant, at around 02:0, on the part of the Defendant’s house located in Busan apartment, on the ground that the Defendant did not open the front door while the victim was divingd, and was able to b8-day treatment for approximately 28 days on the part of the Defendant’s head knife, and the face face is 20 times due to drinking.

2. The Defendant, at the time and place specified in Paragraph 1, took the attitude that the Defendant would inflict bodily harm on the victim by putting excessive (23 cm in total length, 12 cm in total length) that is a dangerous object in the kitchen and in the kitchen.

The Defendant carried excessive risk objects, and threatened the victim.

3. The Defendant destroyed and damaged property at the time and place indicated in paragraph 1, where the victim’s market value is 50,000 won, left one mobile phone option machine on the living room floor, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (such as a medical certificate, etc.), a certificate of injury, photographs, and investigation reports (with respect to the estimation of a Handphone);

1. Relevant Articles 257(1), 284, 283(1), and 366 of the Criminal Act and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation) is not subject to punishment (special mitigation) for the mitigated area (4 months to 1 year).

(b) Class 1 (2-1) (2-1) (2-1) (a person subject to special mitigation) (a person subject to special mitigation) (a person subject to general mitigation) of general bodily injury; and

(c) Type 1 (Destruction and Damage, etc.) of 3 crimes (the scope of recommendations) (the scope of punishment).

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