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(영문) 인천지방법원 2019.03.06 2018고단8509
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 (n, 31 years of age) are between the parties living together from April 2018.

On August 9, 2018, at the entrance of the D Hospital parking lot located in Dong-gu Incheon Metropolitan City, the Defendant: (a) opened the D Hospital parking lot in Dong-gu, Incheon Metropolitan City, for the reason that the victim had talked with another male, led the victim's head, leading the victim's head, leading the victim's head, and (b) opened the victim's face over the floor by drinking and opened the victim's face, and (c) opened the victim's bridge and her son.

As a result, the Defendant teared the victim's inside, breath, blring and glicking, blring and snow, increased the prices of legs, and blicked the number of treatment days in which two the preceding two are cut.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of statutes on photographs of damage;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probationary sentencing is determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and methods of committing the instant crime, circumstances after committing the crime, etc., and the conditions of sentencing as shown in the trial process.

Unfavorable Circumstances: The degree of injury suffered by the victim due to the crime of injury in this case is not less severe; the defendant has a record of punishment several times as violent crime; the defendant recognized the crime in this case; the defendant reflects his mistake; and the victim wanted the preference against the defendant by agreement with the victim.

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