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(영문) 수원지방법원 2020.08.14 2020고단2770
상해
Text

A defendant shall be punished by imprisonment for six months.

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 December 25, 2019, at around 00:30 on 00:0 on 25, 2019, the Defendant suffered an injury that could not know the number of days of treatment, such as the frame of the inner wall, etc., when the victim D (W, 45 years of age) and she was in the dwelling of the Defendant located in the B building C, and the victim was in the house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigation report (as to the on-site situation, etc.);

1. Medical records in the E hospital and 119 emergency medical service areas;

1. Application of statutes on photographs of damage;

1. Article 257 (1) of the relevant Act concerning the facts constituting an offense, the multiple-choice Act and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has made efforts to recover damage], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

2. The crime of this case committed by the defendant without any special reason is highly likely to cause serious injury to a female victim when the defendant faces the face of the female victim, and the defendant again committed the crime of this case despite the fact that he/she had been punished more than twice as the same kind of crime, and he/she has committed several assaults against the victim, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and the victim does not want the punishment of the defendant is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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