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(영문) 의정부지방법원 2015.04.08 2015고단286
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. At around 22:00 on November 7, 2014, the injured Defendant: (a) knew that the victim provided meals to the victim D and 211 of Dongducheon-si C’s 3 22:0; and (b) while drinking alcohol, the victim paid a mobile phone fee to the son-gu in Jeonnam-gu, Jeonnam-gu, the victim was boomed once by hand; (b) the victim was pushed the wall with the wall; and (c) the buckbuck paper was set off on the side and the left side of the victim so that the victim needs to receive approximately 10-day medical treatment.

2. On December 17, 2014, the Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, was notified of a decision on a protective disposition stating that “No access is made within 100 meters from Gyeonggi-gun E of the residence of D until March 16, 2015,” and the said protective disposition became final and conclusive on December 25, 2014.

Nevertheless, the Defendant continued to live together with the said D from around December 1, 2014 to January 7, 2015, after the said protective disposition became final and conclusive, and failed to implement it after the said protective disposition became final and conclusive.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Police investigation report (the damage of and damage to property and evidential materials for partial injury);

1. Decision on protective disposition by the District Court;

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act, Articles 63 (1) 1 and 40 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and imprisonment, respectively, with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Probation Criminal Act [Scope of Recommendation] General Injury (General Injury) Type 1 (No person who has a special sentencing) and the range of comparative sentencing between punishment and recommended punishment: April - 1 year and June ( multiple crime processing standards]. There are concurrent crimes under the former part of Article 37 of the Criminal Act in which imprisonment for 4 months or 1 year and 6 months has not been set. [Determination of sentence]

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