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(영문) 의정부지방법원 고양지원 2020.04.09 2019고단3337
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around November 23:35, 2018, the Defendant assaulted the victim who was his/her spouse at his/her hand and his/her head, etc. on the ground that the victim D, who was his/her spouse, is suspected of being out of his/her house B apartment C at Goyang-gu, Busan Metropolitan City.

2. On September 21, 2019, around 19:20 on September 21, 2019, the injured Defendant: (a) saw the victim’s body 5-6 pushed away from the victim’s cell phone so that the victim exceeded the victim’s body by cutting off the Defendant’s cell phone; (b) she moved the victim’s cell phone to a small room; (c) she got the victim’s body into the victim and got the victim to go beyond the victim’s body, thereby causing injury to the victim, such as salted 14 days in need of treatment, tensions, tensions, etc.

(a) to recognize only the form of action to be supported by evidence; a summary of evidence

1. Partial statement of the defendant;

1. Some statements made in the police interrogation protocol regarding D;

1. Some of the written statements to be prepared;

1. Investigation report (Attachment of photographs damaged by violence);

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

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury): General injury [No. 1] General injury (Special Bodily Harm) mitigated element: Minor injury (The area of recommendations and the scope of recommendations) mitigated area, imprisonment with prison labor for two months to ten months;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

2. The defendant who has already rendered a sentence;

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