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(영문) 청주지방법원 2014.03.25 2013고단1766
상해
Text

A defendant shall be punished by August.

except that 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 is a person who was in a de facto marital relationship with D and is a father of the victim E (the second and second years of age) who is a father of D.

At around 01:00 on September 26, 2013, the Defendant, at the Defendant’s house located in 204 Dong Dong-dong F Building A (A) Dong-dong 204, brought a dispute with D on the ground that D was “E” with the former husband’s sex attached, and D was diving first.

이후 피고인은 혼자 남아 술을 더 마시다가 자려고 누웠는데, 피해자가 잠을 자지 않고 계속 돌아다니며 시끄럽게 군다는 이유로 격분하여, 손바닥으로 피해자의 얼굴을 1회 강하게 때려 벽에 부딪치게 하고, 잠에서 깬 D이 피해자를 감싸 안으며 피고인의 행위를 제지하였음에도 계속하여 손바닥으로 피해자의 얼굴 부위를 약 7회 때리고 발로 피해자의 복부 부위를 2회 세게 걷어찼다.

As a result, the Defendant inflicted an injury on the victim, such as duplicating, which requires severe treatment for about six weeks.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement by the prosecution concerning D;

1. Medical certificates, etc. (Evidence Nos. 7) and confirmations of release on a deposit;

1. Application of Acts and subordinate statutes to photographs (Evidence List 6);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The degree of injury suffered by the victim due to the crime of the defendant in the reason of sentencing under Article 62(1) of the Criminal Act is important, and the victim seems to live with a large number of pains during his life.

In light of the victim's age, the relationship between the defendant and the victim, etc., the method of crime is also harsh.

For this reason, imprisonment is selected.

The fact that the defendant has no record of criminal punishment, that the defendant gives a lot of money to the victim, that the defendant gives an agreement, that the defendant reflects the fact after the crime, and that the situation at the time of the defendant's Na or the crime, etc.

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