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(영문) 의정부지방법원 2019.07.10 2019고단1559
상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is the legal marital relationship reported on May 25, 198 between the victim B (mast, 48 years of age) and the married couple.

On April 9, 2019, around 00:05, the Defendant brought a dispute with the victim on the external problem of the victim at the residence of the Defendant and the victim of the C building D, Macheon-si, Macheon-si, the Defendant continued to have the victim's face and her chest back with his left hand, and the victim's face and her breast part could no longer be resisted.

As a result, the Defendant suffered injury to the victim, such as brain spathy in which the number of days of treatment can not be known, spathy of spathy, spathy of spathy, and us c

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A list of reports on internal investigation (Attachment to the table for handling cases reported 112), and that of handling reported cases;

1. A report on internal investigation (investigation, etc. into criminal scene), victim and on-site photograph;

1. Reports on internal investigation (Taking photographs of damaged parts, etc. of suspects), and photographs of damaged parts of the suspect;

1. A report on internal investigation (the transmission to and damage status of a victim G hospital);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of a victim) and report on investigation (in the current state of a victim);

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

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] general injury (special person) - mitigated factors: source of punishment (including serious efforts for recovery of damage) - Aggravation factors: The area of aggravated injury, harsh amount of punishment [the area of recommendations and the scope of recommendations] increased, six months to six months of imprisonment.

3. The fact that the Defendant appears to be against the sentence, and that the victim does not want the punishment of the Defendant, and the children between the Defendant and the victim are also attending the court and complaining of the Defendant’s preference, is favorable to the Defendant.

The defendant.

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