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(영문) 대구지방법원 김천지원 2016.02.18 2015고정526
상해등
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant married with the victim C (V, 30 years of age) in 2011, but is currently living separately.

1. On March 8, 2015, the injured Defendant, at around 13:00 on March 13:0, 2015, moved back the victim's bucks adjacent to each other by hand on the grounds that the victim demanded divorce from the defendant's house of the defendant No. 302 of the Gu-Si-si building D, and caused the victim to grow in her house and to find it difficult. On the other hand, the part of the victim's bucks which are prone back to the victim's bucks was 3 times, and the victim sustained injury to the bucks that require approximately 3 weeks of medical treatment.

2. On June 27, 2015, the Defendant infringed upon the residence of the victim by entering the house through a window where gas pipe 206 was not corrected due to the Plaintiff’s house located in Gumi-si E around 02:30 on June 27, 2015.

Summary of Evidence

1. The defendant's partial statement (as stated in the judgment, the facts of paragraph 1 shall be recognized);

1. The legal statement of the witness C;

1. The first statement statement made to C;

1. A criminal investigation report (Attachment of the victim's diagnosis report) (the contents of the victim's statement in this part are consistent and live therein;

No. 2 of the ruling is also acknowledged

Application of Statutes

1. In light of the pertinent legal provisions on criminal facts, Article 257(1) of the Criminal Act, Article 319(1) of the Criminal Act, the choice of fines (influence of violence between husband and wife for any reason, and the degree of injury is not easy to be paid, and some crimes are deemed to have been committed by the police, and the attitude to escape from the responsibility for committing a crime by following the recognition by the police. However, efforts are deemed to have been made to protect the family as the first offender without any criminal record. The reduction is to take into account the fact that the defendant raises his child as of the date of raising the victim, the military service relationship of the defendant, and the attitude of reflectment between the victim and the victim, etc.)

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be imposed) for concurrent crimes.

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