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(영문) 인천지방법원 2019.09.20 2019고단4432
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is the spouse of the victim B (here, 31 years of age).

On April 24, 2019, at around 18:45, the Defendant, in a vinyl house near the residence of the victim located in Incheon Strengthening military Co., Ltd., on the ground that the victim did not work properly, the Defendant, by hand, took the victim’s left hand by putting the head debt of the victim, making the victim take up 2:3 times to 2:3 times to 3 times to fright the victim’s face, and making the victim take the victim’s face hand by force.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral finites, which had no one in the open in order to provide approximately 14 days medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. 12 reported case list, assault and photographs, and report on emergency measures;

1. Application of Acts and subordinate statutes to investigation reports (victim medical records, etc.);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has made efforts to recover damage], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

2. The defendant who has rendered a sentence of sentence has the power to transfer the case to a home protection case by exercising multiple violence against the victim who is his spouse.

The defendant is not only a majority of the violence crimes, but also a attitude against this law.

It is necessary to strictly punish the accused.

However, the victim does not want the punishment of the defendant, and the defendant and the victim are in an economic community relationship with the defendant, and if the defendant is detained, the living of the victim and his/her children may be reduced to the difficulty of living.

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