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(영문) 수원지방법원 안양지원 2017.08.29 2017고단1318
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 was issued a victim protection order with the content that, while living together with the victim C (V, 58 years of age) and 13 years of age, maintained de facto marriage while maintaining a de facto marital relationship, around April 2017, the Defendant was subject to a disposition of home protection cases on suspicion of assault, etc. against the said victim by the affiliated branch office of the Suwon District Public Prosecutor's Office around June 14, 2017, and that, on July 7, 2017, the Defendant was subject to a disposition of domestic protection cases on suspicion of assault, etc. against the said victim. The Defendant was prohibited from approaching 100 meters from the victim's residence and workplace until November 6, 2017, and from transmitting the text to the Handphone or e-mail address of the victim by November 6, 2017.

On July 12, 2017, the Defendant: (a) around 10:35, and around 15:35, the Defendant: (b) 159-24, Goyang-gu Man-dong Yandong 159-24, Goyang-dong Mayang-si, and was making it difficult for the Defendant to see the victim as “stoves”, and (c) intending to attract and attract the victim. When the victim said that “I talks here,” he saw the victim as “Stove,” the Defendant stoved the part less than the part of the victim’s s toves, s tove the victim’s face, s tove the victim’s s tove the victim’s s tove from the floor, and continued to cut the victim’s stove with the victim’s 14-day s tove the victim with approximately 14 days’s stove and tension.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the sentencing guidelines] - The area of mitigation (two months to one year) of types 1 (general injury) for general injury - Where special mitigation is not granted (including efforts to recover damage), or where considerable damage has been restored (the decision of sentence): The fact that the defendant has recognized his mistake, that the defendant has agreed with the victim.

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