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(영문) 대구지방법원 경주지원 2016.07.20 2016고단7
상해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 17, 2015, the Defendant: (a) around the first instance court, on May 17, 2015, the victim C, who was a female living together with the Defendant’s residence (the 41-year old age), was her knifeized with the Defendant’s vessel; (b) was discharged from the victim’s knife and head at several times; and (c) was discharged from the victim’s clothes; and (d) was her knife with the pipe located in the scars where the victim’s knife could not know the number of days of treatment; and (d) the knife knife k

2. The Defendant damaged property at around 05:00 on June 9, 2015, at the same place as above, the Defendant: (a) destroyed the victim’s clothes 1,000,000 won in the market price at the end of the day when he/she contests with the Defendant, and the house fat; and (b) destroyed the victim’s clothes fat and fat.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to on-site photographs and body photographs of injuries;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) In the mitigated area (two months to one year), the mitigated area (two months to one year) of ordinary bodily injury (the scope of recommended punishment) is not subject to punishment;

(b) The mitigated area (one month to six months of imprisonment) (any person who has been specially mitigated) shall not be punished for damage to property (the scope of recommended punishment) general standards.

(c) Scope of modified sentence of recommendation: Imprisonment for two months to one year.

2. In the case of the crime of this case, the sentence of sentence shall be sentenced to injury to the victim living together, and the nature of the crime shall not be that of damage to the clothes and bags of the victim.

However, the fact that the defendant is against the defendant, the victim does not want the punishment of the defendant, and the defendant seems to be in the process of restoring the relationship while living together with the defendant.

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