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(영문) 수원지방법원 2020.05.28 2020고단827
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant was in the relationship between the victim B (n, 27 years of age) and the law marriage.

The divorce mediation was established on April 23, 2020.

(U) On October 23, 2018, the Defendant inflicted injury on the victim’s face at 2 times, 3 to 4 times, such as a dynasium fatus fatus fatus fatus, which is located in the building of the Defendant’s residence, from 06:0 to 07:00 on October 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate or an injured part photograph;

1. Kakakao Stockholm photographs;

1. Application of Acts and subordinate statutes to a medical certificate, corpse inspection report;

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. Crimes of domestic violence, such as the crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act, are more likely than other violent cases with similar possibility of criticism and necessity of punishment, in that it is difficult for the victim to predict at any time the violence from the standpoint of the victim, and the victim’s dailyization is difficult to avoid the perpetrator.

Although there are favorable circumstances such as the fact that the defendant's mistake is recognized, it is the primary offender, it is necessary to punish the victim in consideration of the degree of injury or the damage assessment caused by the victim up to divorce.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, and circumstances after the crime, which are considered to have no risk of repeating the crime, and all of the sentencing conditions shown in the arguments.

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