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(영문) 수원지방법원 2018.06.05 2017고단8103
특수상해
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The defendant is a person who lives together with the victim C (V, 37 years of age) and one year.

On December 5, 2017, the Defendant: (a) around 00:30 on Osan City D Building 205 on December 5, 2017; (b) on the ground that the victim had been drinking and drinking at work, and caused the victim’s head, her head, her head, her head, her head, and her head, and her head, her her head, and her head, her head, and her head, her 21 days, caused injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A physical judgment in a de facto marriage;

1. Victims C photographs and mobile phones used for committing crimes;

1. Application of Acts and subordinate statutes governing the place of injury diagnosis and medical record;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is divided into and reflected in the crime of this case.

The defendant seems to have caused the crime of this case in a contingent manner while disputing the victim in a de facto marital relationship.

The degree of injury suffered by the victim is not much serious.

The defendant agreed smoothly with the victim.

Circumstances unfavorable to the defendant are as follows:

The defendant argued with the victim without any particular reason and caused injury to the victim by leaving the head of the mobile phone.

In 2015, the defendant has been sentenced to a fine of KRW 1,500,00 as a crime of bodily injury, and has a record of criminal punishment as well as imprisonment with prison labor for a crime of immigration offense.

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.

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