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(영문) 광주지방법원 2020.02.05 2019고단4132

상해

Text

A defendant shall be punished by imprisonment for four 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

[Criminal Power] On August 18, 2016, the Defendant was sentenced to four months of imprisonment for the crime of assault at the Gwangju District Court and two years of suspended execution, and the above judgment became final and conclusive on September 13, 2017.

【Criminal Facts】

On June 18, 2017, at around 02:55, the Defendant, while driving a car on the frontway in Gwangju Northern-gu C, Gwangju, had continued to be the victim D (25 years of age) who was a crosswalk, and committed assault to the victim, such as booming a breath of the victim, booming down several times, booming the victim's right eye by drinking, making one time the victim's right eye, and booming the victim's right eye by drinking, thereby causing injury to the victim, such as an electric shock, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs related to the case;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Summary order, judgment, criminal records, and application of statutes significantly applicable to this court;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act - Since the sentencing criteria are concurrent crimes under the latter part of Article 37 of the Criminal Act, more favorable circumstances: The crime of this case is concurrent crimes between the crime of assault and the crime of assault on which a judgment has become final and conclusive and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, it is necessary to consider equity with the case where a judgment is to be rendered at the same time; the defendant recognized his mistake; the defendant agreed with the victim; the defendant has a record of being punished for the crime of assault and bodily injury in 2014; the defendant committed the crime of this case