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(영문) 광주지방법원 2018.08.09 2018고단798

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 October 20, 2017, the Defendant: (a) 10:00, the victim E (78 years of age) brought a civil petition to the community service center located in Gwangju District of Bankruptcy on the grounds that the victim E (78 years of age) brought a civil petition to the community service center in connection with the settlement of senior citizens’ membership fees; and (b) dump spied the victim.

2. At around 10:50 on the same day, the Defendant dumped the victim from the rest outside of the above community service center for the same reason, pushed the victim in hand, let him over the floor of the site, and throwed off the victim’s part with stick for manufacturing light (50cm in length) which is a dangerous object, and dump of the victim by hand.

3. The Defendant, around 13:00 on the same day, set the part of the victim’s seat at the male senior citizens center in Gwangju Mine-gu, Seoul metropolitan senior citizens center, by hand, over once.

As a result, the Defendant carried dangerous articles with the victim, thereby inflicting injuries such as cage cage cages that require approximately four weeks of medical treatment, and inflicted injury on the victim, such as the cage bage, etc., and the victim's bage cages, and the victim's cage cages that require approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. Each written diagnosis;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the accused is led to the confession of the offense and reflects his mistake; (b) the accused is the primary offender; and (c) the injured party is the front offender by agreement with the injured party; and (d) the accused’s age, sexual conduct, environment, motive of the offense, circumstances after the commission of the offense, etc. as indicated in the argument of this case are comprehensively taken into account, and the sentencing conditions