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(영문) 의정부지방법원 2017.08.22 2017고단1220
상해
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On October 25, 2016, the Defendant: (a) around 03:00, at the Defendant’s residence located in Dong Government-si, C building 602; (b) while she was in a de facto marital relationship with the Defendant, about four months, a victim D (the age of 33) who was in a de facto marital relationship with the Defendant; (c) was off the victim D, and led the victim D to the toilet, she was faced with the victim D’s head on the toilet floor; (d) was sent back to the shower; (e) the victim D’s head was boomed between the former husband; and (e) the victim E (the remaining and 3 years old); (e) the victim D’s head was stored in the wall of the victim D while staying in the wall of the victim D; and (e) the victim D’s head was also faced with E in the process of staying in the wall of the victim D.

Accordingly, the Defendant inflicted an injury on the victims in each of the above treatment days of each treatment covered by an open head covered by the U.S. head(s).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of each injury opinion;

1. Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the observation of protection and the reason for sentencing under Article 62-2 of the Criminal Act, the degree of assault by a defendant, the degree of injury by a victim, and the degree of injury by the victim E, especially that the victim E is over three years of age, the quality of the crime in this case is

subsection (b) of this section.

In addition, the criminal records of the defendant have reached six times.

However, the degree of injury to the victim E is weak due to dolusent intentional negligence.

The fact that the defendant appears to be against the crime of this case, that the defendant deposited KRW 10 million for the victim, that the victim D does not want to punish the defendant, that the defendant has several criminal records of violence, and that there is no relatively recent criminal records.

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