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(영문) 춘천지방법원 강릉지원 2014.05.14 2013고단895
상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on October 5, 2013, the Defendant found the victim D (the 53-year old) house in C, which was located in C, in order to comply with the victim's wife and before the towing place. On the ground that the victim was able to see and erogating the body and erogating the body of the victim, the Defendant saw the victim's entrance on one occasion with his hand, and carried the victim's left hand, thereby covering the 4 balance of the left side of the victim, which requires eight weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

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 reason for sentencing under Article 62 (1) of the Criminal Act, which is advantageous to the reasons for suspended sentence (hereinafter referred to as the following reasons);

1. The scope of punishment by sentence: Imprisonment for not more than seven years;

2. The scope of the recommended sentence on the sentencing criteria [decision of types] the category of violent crime group, general injury, and serious injury (special mitigation] of type 1 general injury (special mitigation] [the scope of the decision on the recommended area and the sentence of recommendation] basic area: Imprisonment with prison labor for April - 1 year and six months;

3. Determination of sentence: The above sentence shall be determined by taking into consideration the favorable sentencing factors, such as the fact that the defendant for two years of the suspension of the six-month period of imprisonment did not recognize his mistake and that there was no record of crime before the crime in this case, the fact that the defendant committed any contingent crime under the influence of alcohol, and the fact that the victim did not want the punishment against the defendant by agreement with the victim.

Defendant

In addition, the defendant asserts that the defendant's assertion of defense counsel and its determination are self-defense to defend against the defendant in a situation where the defendant is threatened with threat from the victim. In full view of the aforementioned evidence, the victim, not the defendant, committed violence against F, who is his wife, and took a bath.

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