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(영문) 춘천지방법원 속초지원 2019.11.27 2019고단9
특수상해등
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 of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim B(here) are marital relationships.

1. Around January 24, 2013, the Defendant suffered special injury: (a) around 23:30 on January 24, 2013, while drinking and drinking with the victim (age 37) at C’s house located in the East Sea; (b) while the Defendant is running his/her business; and (c) the Defendant took a dispute with the victim due to money borrowed from the side of the side; (d) he/she gets the head of the victim one time with the small-scale disease, which is a dangerous object on the table, and caused the victim to put about two weeks of treatment.

2. On November 11, 2018, the injured Defendant: (a) around 22:50, and around D’s residence, the victim (the victim (the victim aged 42) was dissatisfied with the alcohol and returned late; (b) and (c) again, the victim was dissatisfied with the complaint, “I will not have a telephone; (d) d’, h?h?h?h?h?h?h?h?h?h?h??h?h?h?s face of the victim, the victim suffered injury, such as a tent, etc. of an external bl?m?m., which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Photographs, photographs, text messages related to domestic violence;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 257 (1) of the Criminal Act that choose the penalty, and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined by taking into account the following circumstances and overall sentencing conditions under Article 62-2 of the Criminal Act of the community service order.

The defendant's mistake is recognized as favorable circumstances.

The defendant and the victim agreed, and the victim shall not be punished by the defendant.

The defendant and the victim do not seem to be highly likely to repeat a crime by divorce.

The defendant has repeatedly committed a crime against the victim, and the victim has repeatedly committed a crime.

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