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(영문) 창원지방법원 통영지원 2018.08.24 2018고단164
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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 and the victim B (the age of 49) are legally married persons.

1. On April 201, 201, the injured Defendant suffered an injury on the left side of the victim due to a dispute with the victim on the ground that the Defendant was living in his/her residence, which was located in Scam C, on April 1, 201, on the ground that he/she was living in his/her residence, and caused an injury to the victim on the part of his/her left side which requires approximately five weeks medical treatment.

2. Around 03:00 on May 28, 2017, at the Defendant’s residence located in C, the Defendant had the victim resist due to disregarding the victim. Around 03:00, the Defendant got the victim to resist. Around 5:6 times as a drinking part of the victim’s face, and followed three to four times as the victim’s breast part of the victim’s breast part by breaking the victim. Around 2017, the Defendant continued to see the victim’s breast part of the victim’s breast part as a light of the wooden material, which is a dangerous object at the entrance of the toilet.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as duplicating duplic of 5 and 6 fage cupages that require treatment for about four weeks.

Summary of Evidence

1. Legal statement of the witness B;

1. Statement made by the police with regard to B;

1. Complaint;

1. Application of Acts and subordinate statutes to medical certificates, certificates of diagnosis, certificates of release on arrival and discharge, and medical examination and treatment tea photographs, criminal tools photographs, etc.;

1. Relevant legal provisions concerning facts constituting an offense and the point of selective injury: Article 257 (1) of the Criminal Act (the choice of imprisonment) special injury: Article 258-2 (1) of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is large to the degree of injury of the victim, the victim wants to punish the defendant, the defendant has been sentenced to a suspended sentence of two years and six months due to the crime that inflicted bodily injury on the victim even in 1999, and the victim has also been sentenced to a suspended sentence of three years and six months.

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