(영문) 수원지방법원 성남지원 2019.07.23 2019고단1058

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(영문) 수원지방법원 성남지원 2019.07.23 2019고단1058

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant and the victim B (the age of 57) are legal marital relationships.

At around 22:00 on January 19, 2019, the Defendant: (a) assaulted the victim’s her hye in the Gyeonggi-si Building C, which is the domicile of the Defendant and the victim; (b) assaulted the victim’s hye in a manner that goes beyond the victim’s hye on one-time basis, moving the victim’s hye in a manner that takes about about six weeks’s hye and body organs; and (c) inflicted injury on the victim, such as cutting the hye, bones, bones, etc., which requires approximately six weeks’ treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning B;

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. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (specially increased person], mitigated factors: The amount of punishment, severe injury [in the area of recommendation and recommendation range], and April to June of each year and six months.

3. Determination of sentence: (a) the fact that the Defendant suffered serious injury to the victim due to the instant crime; (b) the Defendant had a criminal record of the same kind including the suspension of the execution of imprisonment with prison labor; (c) however, the Defendant seeks the Defendant’s preference by mutual consent with the victim only; (d) the Defendant makes a confession and reflect against the Defendant; and (e) other factors of sentencing, such as the Defendant’s age, character and conduct, environment, and motive of the crime, shall be determined

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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