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(영문) 인천지방법원 2017.07.06 2016고단6826
상해등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. On June 2, 2016, around 01:40, the Defendant, at his own house located in Yong-Gun D, 101 Dong 903, suffered injury to the victim E (her wife, 35 years of age) by taking the head and face of the victim due to drinking, taking several times the body of the victim by hand, taking the body of the victim by hand, and taking the knife the knife and knife the knife, leading the female victim about three weeks of medical treatment.

2. On the same day, the Defendant: (a) around G hospital in 04:40 on the same day, the victim H (39 years of age) and the victim H (39 years of age) who was omitted in the above E, followed the Defendant’s E; (b) laid the victim’s clocks beyond the bucker, the victim’s bridge, and boomed the victim’s face by drinking, the Defendant inflicted injury on the victim, such as cerebrum in two open cases where approximately two weeks of treatment is required.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness E and H in the second public trial records;

1. The results of the CCTV recycling and viewing by G hospitals;

1. A medical certificate or an injury medical certificate;

1. Application of the statutes governing photographs at the time;

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

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 suspension of execution (the following favorable circumstances):

1. 【The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act 【the scope of recommendation revised according to the standards for handling multiple crimes】 [2 months - one year and six months] basic crimes and second crimes (each injury): The area of mitigation of general injuries - the area of special mitigation - where considerable damage has been recovered (the amount of three million won and one million won for each victim): The unfavorable circumstances of the sentence ] . The victim, including the wife and his/her wife, did not receive suspicion from the victims, including the victim.

Because there is no same history of divorce lawsuit and is ahead of the conclusion of divorce lawsuit, the possibility of recidivism for the same victims is rare, but it is considered the importance of domestic violence.

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