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(영문) 광주지방법원 2018.04.25 2018고단160
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is in a de facto marital relationship with the victim D (V, 38 years of age).

The Defendant, at around 02:50 on September 29, 2017, set up in a flexible parking lot located in Bupyeong-gu, Chungcheongnam-gu, Seoul at around 02:50 on September 29, 2017, and the victim under the influence of alcohol would drink alcohol within the passenger car owned by the Defendant.

3-4 times the inside part of the victim's inside due to defectiveness, and the escape from the guard room of the above vehicle was driven by the victim, and the victim was able to walk her her amb and walked twice and her amb and her head was flicked, and the victim was flicked with his ambl and her head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic instruments;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of recommendations in the sentencing guidelines] - The area of mitigation (including February to one year) of types 1 of general bodily injury (including efforts made to recover damage) - Where special mitigated person or considerable damage has been recovered (decision of sentence): The defendant's mistake is recognized, the victim does not want to punish the defendant, and the victim does not want to punish the defendant - Unfavorable circumstances: Suspension of sentence due to a crime of violation of the Punishment of Violences, etc. Act (Assaults, deadly weapons, etc.) in 2009, the defendant has been punished for the same kind of crime, such as being punished for the crime of injury in 2013.

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