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(영문) 창원지방법원 통영지원 2016.10.19 2016고단168
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the 39 years of age) are married couple on December 29, 2014.

1. Around 01:00 on January 15, 2015, at the Defendant’s house room located in the victim’s room, the injured Defendant: (a) took the face and head part of the Defendant’s house using the name of the victim by drinking the card payments, vehicle installments, etc.; and (b) took the face and head part of the Defendant’s house several times by drinking the victim’s house; and (c) took the hand-site with the hand-on floor where the number of days of treatment cannot be known to the victim.

2. Around 12:00 on May 1, 2015, the Defendant threatened the victim with an injury or special threat by making it difficult for the victim to be aware of the number of days of treatment because the victim’s face and head were taken on several occasions due to his/her drinking water, while having been in dispute with the above repayment of obligation, etc., the Defendant threatened the victim by taking one knife knife, which is a dangerous thing that he/she had been at the kitchen around the same day, in his/her hand, around the same day, with the victim’s face, and knife the knife and knife with the victim’s face.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A record of each investigation report and recording;

1. Application of each statute on photographs;

1. Selection of imprisonment with prison labor under Articles 257(1) and 284 and 283(1) of the Criminal Act, which shall apply mutatis mutandis to applicable laws and the choice of punishment for the crime;

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

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

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

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court: Class 2 crime that has no basic area (6 to one year and six months) (6 months) of the basic area (6 to one year and six months) (the scope of the recommended punishment) [4 months and one year and six months] of the recommended punishment [4 months and one year and six months] of the basic area (4 to one year and six months) of the harm (the scope of the recommended punishment] of the basic area (4 to one year and six months) of the aggravated punishment: the final sentence according to the aggravated punishment of multiple crimes without

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