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(영문) 수원지방법원 2020.05.14 2020고단649
상해
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is in a state of being separated from a police officer in August 2018, since he was a victim B (n, 44 years of age) and his husband and wife.

At around 21:00 on December 5, 2019, the Defendant, when drinking alcohol together with the victim in the wife population C apartment D, which is one of his residence, refused the proposal of the Defendant, and when the victim again sprinked with the victim, the Defendant sponsed the face of the victim with the loss floor by making the victim spons the face of the victim, and caused the victim to be sprinked with the inside and outside of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs of damage inflicted on the victim;

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

1. Crimes of domestic violence, such as the crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence, are more likely to be subject to the possibility of criticism and the necessity of punishment in that it is difficult for the victim to at any time to anticipate the violence from the perspective of the victim, and it is difficult for the victim to avoid the perpetrator, thereby resulting in the victim’s dailyization.

The defendant's mistake is recognized and the victim does not want punishment, but the defendant has continuously used the same kind of violence.

The punishment shall be determined as per Disposition by taking comprehensive account of all the conditions of sentencing shown in pleadings, such as the age, character and conduct, criminal records, health conditions, and circumstances after the crime.

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