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(영문) 창원지방법원 2016.08.31 2016고단1338
상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 40 years old) are married between the married couple on March 11, 2010.

1. On October 17, 2015, the Defendant: (a) around October 17, 2015, the Defendant: (b) around Kimhae-si C 104 Dong 605, the result of health examination was not good; (c) and (d) caused the victim’s trouble; and (d) during a dispute, the Defendant dupliced the dub of the victim; (c) was flicked on the floor of the living room; and (d) was flicked on the floor of the living room for approximately three weeks to receive approximately three weeks medical treatment.

2. On November 13, 2015, the Defendant committed the crime at around 23:00 on the following occasions: (a) while having come to dispute as a matter of moving his/her workplace at the inside of the said residence, the Defendant continued to take the victim’s head head knife with the victim’s knife with his/her hand at one time; (b) continuously 2:3 consecutive times on the plastic type in the shape of the victim’s head knife with his/her hand; and (c) continuously put the victim’s face by placing the knife on the knife, the knife of the victim’s knife, and the knife of the left knife part requiring six weeks’s treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. A written confirmation of counseling;

1. The application of Acts and subordinate statutes to each medical certificate, a copy of medical records, and an investigation report (Attachment to the 112 Report Processing List);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General In the mitigated area (two months to one year), where punishment is not imposed (including efforts to recover damage), or where considerable damage has been restored (the decision of sentence] (the decision of sentence is made] the circumstances that form the sentencing conditions indicated in the instant records, such as the following circumstances and the defendant’s age, sex, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc. are taken into account.

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