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(영문) 전주지방법원 2017.05.02 2017고단309
상해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is in a de facto marital relationship with his or her husband B (math, 63 years of age).

1. On December 31, 2016, the Defendant: (a) sought the victim to find C coming from the frontway of Yansan-gu, Yancheon-gu, Seoul on December 31, 2016; (b) but (c) whether the victim “I gate in which there is no person;”

In the future, "I amending a baby" means the horse to hear the horses, take about 20 times the face of the victim by drinking, and continued to take about 3 times the victim's blick part of the victim's blick, which requires approximately 2 weeks of medical treatment.

2. Around 00:40 on February 9, 2017, the Defendant: (a) found the victim’s house located in Yansan-gu E on the ground that no door was opened even if there were people; (b) carried the victim’s house door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, destroyed the victim’s property, and invaded the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A medical certificate;

1. Receipts:

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injuring, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), and Article 319(1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Review of the sentencing criteria;

(a) First-Class (Crime of Bodily Injury) (Scope of Punishment) in general; First-Class (General Bodily Injury) in the basic area ( Imprisonment with prison labor for up to four months from one year to six months);

(b) Class 2 crime (Crime of Damaging Property) (Scope of Punishment) and the basic area (Crime of Damaging Property, etc.) of Grade 1;

(c)an offence against intrusion at which the sentencing criteria are not set.

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