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(영문) 대구지방법원 안동지원 2017.07.07 2017고단122
상해
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is the husband of the victim C (V, 32 years of age).

The Defendant, from around 01:10 on December 22, 2016 to around 02:00 on the same day, had the wind at the Defendant’s residence on the E-2 floor located in Ansan-dong-si D, and had the wind.

In doubt, it is doubtful that the victim's head debt is taken, the victim's face is taken at a hand, the victim's head face is taken at several times, the head is taken at a hand, the victim's body is taken at around 09:30 of the same day, the face is taken at a hand, the face is taken at a hand, the victim's face is taken at around 14:00 of the same day, the victim's face is taken at around 19:30 of the same day, and the victim's face is taken at around 19:30 of the same day, and the victim was taken at around 21:0 of the same day, and the victim was taken at around 6:0 of the same day, the victim's face is taken at a drinking, and the victim was taken at around 21:0 of the mobile phone, and the victim was taken at around 21:0 of the same day, and 6:0 of the same day, the victim's body is taken at the front and rear of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the arrest of a case;

1. A report on internal investigation and accompanying materials;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violence, general injury, and type 1 (general injury);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommendations: Imprisonment with labor for a period of two months to one year.

2. The instant crime that was determined to be sentenced is likely to be subject to criticism in light of the method, consequence, etc.

The defendant has been punished twice due to the same violent crime (one time a suspended sentence of imprisonment with prison labor, and one time a fine).

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