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(영문) 의정부지방법원 2019.03.13 2018고단4803
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around September 23:10, 2018, the Defendant: (a) followed the victim D(18 years of age)’s appearance together with the Defendant’s former female-child Gu, and (b) viewed that the victim and the former female-child Gu were entering the said telecom, and (c) made the victim’s face and the part of the body of the victim’s face and the part of the body of the body of the victim to be taken over by drinking at approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Damage photographs;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation, taking lectures, and community service order [the scope of recommended sentences according to the sentencing guidelines of the Supreme Court] The basic area (4-1-6 months) of types 1 (general injury) and the basic area (4-1-6 months) of violent crime group [the decision of sentence] includes violent crime previously, and there has been a history of having been committed or punished several times for the same and different types of crimes, and in particular, on April 2015, the defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc.

Nevertheless, the defendant committed the crime of this case, which caused bodily injury to the face and clothes of the male-child's wife at the time of the expiration of the period of the suspension of execution.

There was no recovery from damage, and there was no tolerance from the victim.

However, in light of the favorable circumstances, the fact that the defendant is recognized as committing a crime and is against the defendant, the degree of injury suffered by the victim is not a serious part, and the fact that the defendant supports the child after his spouse is divorced from his spouse.

The motive and background of the crime, including the above circumstances, and the method and method of the crime.

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