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(영문) 청주지방법원 2019.09.19 2019노1047
특수상해
Text

1. The part of the judgment of the court below regarding the crime Nos. 4 and 5 is reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes of Nos. 4 and 5.

Reasons

1. Each sentence of the court below against the defendant in the summary of the grounds for appeal (the crime No. 1, No. 2, and No. 3 in the market: Imprisonment with prison labor for 6 months and suspended execution for 2 years, and the crime No. 4 and No. 5 in the holding: Imprisonment with prison labor for

2. Where there is no change in the conditions of sentencing compared to the judgment of the court of first instance on the part concerning the crimes of Articles 1, 2, and 3 in the judgment of the court below, and the sentencing of the court of first instance does not deviate from the reasonable scope of discretion, it shall be respected (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Since there is no change in the conditions of sentencing after the sentence of the court below, and the scope of substantial appeal by the defendant appears to be part 4 and 5 in the judgment of the court below, and considering the following factors, such as the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc., the court below does not seem to have exceeded the reasonable scope of discretion, as the sentencing of this part of the court below

3. In light of the fact that the defendant, who had had a record of criminal punishment several times for the crimes of the same kind and the same kind including the judgment of the court below regarding the crimes of the 4 and the 5th of the judgment of the court below, has repeatedly inflicted an injury on the victim in a de facto marital relationship without being aware of it during the period of suspension of execution, as well as the fact that he/she has repeatedly displayed the smaller illness, the kitchen and the kitchen knife, which are dangerous objects, the defendant needs to be punished.

However, all of the crimes of this case committed by the defendant, and it is against the defendant's depth and the degree of injury to the victim is relatively weak. However, the crimes of Articles 1, 2, 3 and this part of this case committed against the same victim who is in a de facto marital relationship all of the crimes of this case are a series of domestic violence crimes against which the court below rendered a suspended sentence, and the victim does not want to be punished against the defendant, and the defendant is punished by domestic violence.

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