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(영문) 부산지방법원 서부지원 2019.10.31 2019고단504
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:20 on February 9, 2019, the Defendant: (a) sold the land in the name of the Defendant in the name of the Defendant from the victim D (the age of 57) who was the Defendant’s wife (the age of 57), without the consent of the victim, and sold the land in the name of the Defendant at the time of the Defendant’s movement; (b) sold the land in the name of the Defendant, without the consent of the victim; (c) sold the land in the name of the Defendant; and (d) took a breath hand to the victim’s breath; (d) breath of the head; and (e) b) taken a breath’s face on the wall; and (e) taken a breath’s breath, the Defendant inflicted an injury on the victim’s face, such as where there was no address for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment): Reduction element: Reduction area of punishment (the area of recommendation and recommendation range] reduction area, reduction area of punishment, two months to ten months of imprisonment;

3. Determination of sentence: Four months of imprisonment, and one year of suspended sentence (unfavorable circumstances) are crimes of this case where the defendant inflicts bodily injury on the victim who is his spouse. It is not good that the crime of this case is committed.

The defendant has been punished twice for the same crime.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

The victim under an agreement with the victim does not want the punishment of the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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