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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 6, 2018, at the defendant's house located in Eunpyeong-gu Seoul Metropolitan Government around 23:00, the defendant suffered bodily injury, such as cerebral dys, etc., for which approximately two weeks of medical treatment is required for the victim due to the following reasons: (a) the wife victim C (the 37-year old age) and clothes rearrangement issues; (b) the victim's chest was pushed down by hand; (c) the victim's hair was crypted with drinking and hand; (d) the victim's head was cut back by drinking and hand; and (e) the victim's crying the neck by hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A written statement of damage C;
1. A certificate of injury, certificate of medical treatment, certificate of medical treatment, certificate of pain, certificate of medical records, and certificate of medical records;
1. A report on evaluation of criminal damage;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The degree of violence revealed in the crime is not weak, and the victim seems to have continuously directed the defendant on domestic violence.
The victim is seeking the termination of the marriage relationship with the defendant and punishment.
There is a lack of reflectiveness of the defendant, such as transfer of the reason for violence to the victim.
In most favorable circumstances: The degree of external harm of the victim is not much serious, and the defendant has led all of the crimes of this case.
The defendant is the first offender.
In addition, the punishment shall be determined in consideration of various conditions of sentencing as shown in pleadings and records, such as the defendant's age, sex, environment, circumstances before and after the crime, the background of the crime, etc., and the execution of the punishment shall be suspended.