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(영문) 광주지방법원 2017.04.19 2017고단860

상해

Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to one year and eight months of imprisonment with prison labor by assault, etc. at the Gwangju District Court, and on November 18, 2015, the Defendant completed the execution of the sentence at the Jung Eup prison.

The defendant is a taxi engineer, and the victim B (V, 37 years of age) is a person who has a pro rata with the defendant by using the defendant's taxi whenever a female is in Daejeon.

Around 02:00 on January 18, 2017, the Defendant, at the main point located in the Gwangju Mine-gu, drinked with the victim, followed by singing on the second floor, followed up again into the said main point.

The defendant met his employees and city expenses at the above main point, leaving the victim out of the above main point, and, on the same day, around 04:10 on the same day, 04:10 on the victim’s street in the vicinity of the D Building in Gwangju Mine-gu.

“The victim was the victim, and why she was the victim’s “the taxi driver?”

저리 꺼져 라.” 라며 욕설을 하였다는 이유로 화가 나, 손으로 피해자를 밀쳐 피해자를 땅바닥에 넘어뜨리고, 발로 넘어져 있는 피해자의 몸통 부위 등을 수회 차고, 휴대 전화기를 든 손으로 피해자의 머리 부위를 수회 때리고, 이후 재차 발로 피해자의 몸통 부위를 수회 찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as an open wound, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. A photograph of damage (13 pages, 35 pages of investigation records);

1. A photograph of a CCTV image to be cut;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, the current status of personal confinement, and investigation reports (verification during the period of suspect repeated crimes);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment on the sentencing criteria [the types of determination] shall be one type of general injury to violent crimes.