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(영문) 부산지방법원 2019.02.19 2018고단5529
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On October 26, 2018, around 18:00 to 21:00, the Defendant suffered from an invasion by the victim’s head who was his/her spouse B (in the case of women, 71 years of age) and her house in the case of having a dispute between the victim B (in the case of women, her spouse) and her house, during which he/she was suffering from an invasion by drinking.

As a result, the defendant injured the victim for about 21 days of medical treatment, such as an open 2 feet.

2. The Defendant, at the same time, at a place as in the preceding paragraph, brought excessive (20 cm in length) from the kitchen while assaulting the victim under the preceding paragraph, and threatened the victim by carrying a dangerous object, stating “Isn't die or die,” and “Isn't die or die.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

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

1. Relevant provisions of the Criminal Act concerning the crime, Articles 257 (1), 284, and 283 of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of crimes falling under Category 1 (Scope of Recommendation) and the scope of final sentence due to the aggravation of multiple crimes that have no basic area (4 to 1.6 months) of the basic area (4 to 1.6 months) of the sentencing guidelines [the scope of Recommendation] [the scope of Recommendation] and the basic area (4 to 1 year and 6 months) of the basic area (4 to 4 months and 1 year and 6 months) of the crime of intimidation [the scope of Recommendation] according to the sentencing guidelines: April to February;

2. Determination of sentence is against the defendant, taking into account the favorable circumstances that there is no record of criminal punishment heavier than that of the same kind of criminal punishment, and taking into account all of the sentencing conditions as shown in the trial process of this case, including the defendant’s age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime.

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