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(영문) 대전지방법원 천안지원 2018.05.24 2017고단2641
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 2, 2017, the Defendant was sentenced to a suspended sentence of two years on August 2, 2017 at the Suwon District Court’s Sejong District Court for a special injury, and the said judgment became final and conclusive on August 10, 2017.

[2] On June 3, 2017, at around 07:00, the Defendant: (a) brought about a dispute with the Defendant’s home room located in Nam-gu, Nam-gu, Seoul Special Metropolitan City, 3:402, whereby the Defendant prevented the victim from getting out of his house, and thereby, obstructed the victim’s body; (b) re-concept the victim’s body; and (c) re-concept the victim’s body into the bend window with the victim’s erobbbage, and de-conciled the victim’s glass with the victim’s glass, so that the victim would face favorable treatment while being pushed off at the front door of the Defendant’s room located in Nam-gu, Nam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Complaint;

1. Photographs of prone glass, and photographs of damaged parts of victims;

1. An investigation report (in cases of attaching a log to emergency medical services activities), and a place of emergency medical services activities;

1. A written diagnosis of injury;

1. Investigative reports (to hear statements from victims);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the same criminal record and judgment of the defendant), and application of attached statutes;

1. Article 257 (1) of the Act applicable to the facts constituting the crime, the choice of punishment, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The fact that the nature of a crime is not good by exercising violence against a female victim living together with the reason for sentencing under Article 62(1) of the Criminal Act, and that it is not agreed with the victim. However, the degree of injury of the victim is not serious, the equity with the case of being tried together with the special injury crime as indicated in the judgment below should be taken into account, and other various sentencing conditions such as the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime shall be determined as ordered by the order.

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