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(영문) 대구지방법원 김천지원 2019.09.11 2019고단414
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the 54 years of age) are married couple.

Around 15:00 on February 23, 2019, the Defendant: (a) around 15:00, around 10 minutes of the victim’s face, and (b) around 10 minutes of the victim’s shoulder c apartment D, without any particular reason, took several times of the victim’s shoulder.

As a result, the defendant injured the victim about two weeks of treatment, such as impairment of saves of face that requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A photograph of parts of the victim's body;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the probation and community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] the general injury [special person] - The elements of mitigation: Non-members of punishment [the scope of recommendations and recommendations] the area of mitigation [the scope of mitigation of punishment], the area of mitigation of punishment for two months to ten months [the general person] - The factors of mitigation: The serious reflectiveness [the reasons for suspension of execution] - The major reasons for mitigation of punishment (including serious efforts for recovery of damage] - The reason for failure to impose punishment (including serious pride): The serious reflective behavior - the general reason for non-performance of sentence for non-performance of sentence for at least two times; the previous convictions of suspension of execution;

3. Determination of sentence: Determination of sentence: Determination of imprisonment with prison labor, taking into account the following factors: six months of imprisonment with prison labor, the part and degree of the injury suffered by a victim of a suspended sentence one year, and the record of transfer of a home protection case due to the previous violence crime, injury, etc.: Provided, That the above previous records, etc. have been ten years or longer; the above previous records, etc. revealed that the defendant and the victim have expressed their intention not to want punishment against the defendant.

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