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(영문) 의정부지방법원 2019.07.11 2019고단625
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

At around 18:40 on January 24, 2019, the Defendant: (a) sold the face of the victim on a large number of occasions on the ground that the wife victim D (here, 68 years of age) made telephone conversations with the b apartment in Yangju-si, Gyeonggi-do and made a speech to disregard himself/herself; and (b) sold the face of the victim several times, and had an open room around the right eye and the snow that require treatment for about 10 days for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types) general injury (the type 1) (the person under special consideration) and motive (the scope of recommending punishment) to criticize him/her, six months to two years and six months (the scope of recommending punishment), respectively;

3. Domestic violence cases where a sentence of sentence is imposed are highly likely to be committed repeatedly over a long time because it is difficult for the victim to be exposed to the outside due to its characteristics. Accordingly, the victim's mental and physical suffering, as well as the peace in home which is the foundation of a sound society, is seriously damaged. Therefore, the nature of the crime is particularly heavy;

The Defendant had committed the instant crime because of the crime of violence against the victim, who is the wife, was already subject to the second disposition to forward home protection cases, and again committed the instant crime.

The crime of this case is highly poor in various respects, such as the circumstances, methods, patterns, results, etc. of the crime, in which the defendant thought that the victim was the victim's own eye, and the victim's eye was at least twice the tear.

Nevertheless, the defendant did not make any effort to recover damage until now, and the victim directly go to the court and strong against the defendant.

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