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(영문) 광주지방법원 2018.10.18 2018고단1636

상해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 9, 2018, the Defendant: (a) 01:25 on March 9, 2018, 2018, the Defendant: (b) drinking alcohol at the E-ju store operated by the victim D (26 taxes); (c) ordered an additional drinking to the victim F (21 taxes) who is an employee; (d) however, the victim F was unable to sell additional drinking at the end of the business hours; (b) 2 times the victim F’s face was fleeped; and (c) the victim F was blick, blick, and portable gas blick on the table.

Defendant continued to restrain the above Defendant’s behavior, the victim D’s face, which was trying to be taken by the Defendant, was taken in several times.

As a result, the defendant added the victim F to the victim F with an unfortunate side of the treatment days, and caused the victim D with injury to the face of the victim requiring treatment between about two weeks.

2. The Defendant damaged property by placing two beer’s disease, which had been drinking at the same time and place as described in paragraph 1 above, in the above restaurant glass, and destroying the glass windows so that the repair cost amounting to KRW 400,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D, G and H;

1. A written diagnosis and estimate for each injury;

1. Application of each of the video-related Acts and subordinate statutes in the report of investigation (influence of assault and video attachment) accompanied by a photo (in a net of 10);

1. Article 257 (1) and Article 366 of the Criminal Act as to the facts constituting an offense and the choice of imprisonment with prison labor, respectively;

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 suspended execution;

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, and Article 62-2 of the Social Service Order, Defendant was punished as violent crimes several times, and the victims did not reach an agreement, the sentence is imposed with the choice of imprisonment, and considering the degree of injury suffered by the victims, the execution of the sentence is suspended only once on condition of protection and observation to prevent recidivism and community service