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(영문) 춘천지방법원 강릉지원 2017.02.08 2016고단1574
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has been living together with the victim B (n, 65 years of age) and three years of age.

1. On September 18, 2016, the injured Defendant committed an injury to the victim’s house 6*** 1*** the victim’s house living room in Gangseo-si, Gangnam-si, 2016, on the ground that the victim took away from the Defendant’s house, and the victim took away from the Defendant’s house, etc., making the victim’s face knife one time at the victim’s face knife, and faced with the victim’s knife, such as the victim’s knife, and caused the victim’s knife, thereby causing injury to the victim’s knife part that requires treatment for about 14 days.

2. The Defendant damaged the property by breaking a storm at the time and place indicated in the above 1. Paragraph (1) above, and destroying three shapes, light, and two gale lights, which are a total market price owned by the victim, installed in the ward, main room, small room, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A complaint (including a medical certificate);

1. Application of Acts and subordinate statutes to report on investigation (Attachment to damaged photographs, etc.);

1. An injury to a criminal fact by relevant legal provisions and a judgment of choice of punishment: An injury to a property prescribed in Article 257 (1) of the Criminal Act: Article 366 of the Criminal Act;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes as stated in the judgment below shall be limited to the sum of the long-term punishments of two crimes as stated in the judgment below)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The punishment against the defendant shall be determined and the execution of the punishment shall be suspended on the condition that the defendant shall be subject to protection observation, considering the unfavorable circumstances, such as the fact that the crime of the same kind of crime is continuously repeated for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and the fact that the defendant did not receive a letter from the injured party, reflectivity, health conditions of the defendant, home environment, etc.,

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