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(영문) 광주지방법원 2018.01.12 2017고단5136

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 10, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for assault, etc. at the Gwangju District Court on May 10, 2017, and the execution of the sentence was terminated on May 10, 2017. On November 7, 2017, the Defendant was sentenced to imprisonment with prison labor for a period of one year and eight months for habitual assault, etc. at the same court.

8. The judgment became final and conclusive.

피고인은 2017. 5. 24. 21:10 경 광주 동구 C에 있는 ‘D ’에서 그 곳 손님으로 온 피해자 E( 여, 58세) 과 시비가 되어 말다툼을 하던 중 화가 나, 주먹으로 피해자의 이마 부위를 1회 때려 넘어뜨리고 발로 피해자의 가슴 부위를 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as the dynassis, etc. requiring treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Entry of each statement in the police interrogation protocol regarding E;

1. Statement made to F in the police statement protocol;

1. Descriptions of a medical certificate;

1. Images of the related photographs;

1. Previous offense: Application of the Acts and subordinate statutes indicating an investigation report (prior offense confirmation report), criminal history inquiry, and criminal history;

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

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

1. The latter part of Article 37 of the Criminal Code dealing with concurrent crimes provided that the degree of injury for reasons of sentencing in the first sentence of Article 39(1) is more severe.

The defendant committed the crime of this case in only two weeks after completion of execution of the first written criminal record on the judgment of the defendant.

There are criminal records of violence exceeding 25 times in the defendant.

However, the crime of this case is the concurrent crimes between the second and the second and the latter part of Article 37 of the Criminal Code.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.