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(영문) 광주지방법원순천지원 2020.12.23 2019고단2737

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2019 Highest 2737] The Defendant was de facto marital relationship with the victim B, and was in a de facto marital relationship around March 2019.

1. Around August 3, 2019, the Defendant, who entered a residence, opened an unrest gate and intruded into the inside of the said residence, when the victim was living in C at the time of influence.

2. A special injury Defendant: (a) reported the victim’s appearance along with another male at the same time and place as the above paragraph 1; (b) sent the victim’s face twice by drinking; and (c) attached tobacco, which is a dangerous object to walking the victim once.

As above, the Defendant assaulted the victim while carrying dangerous objects, and led the victim to approximately two weeks of treatment, such as the chrons and the 2th degree video, etc.

[200 Highest 2645] On September 29, 2019, the Defendant driven a registered Gmotor vehicle under the influence of alcohol level of 0.101%, without obtaining a driver’s license, from the front of the E main point of drinking water D to the front road of the F apartment at the time of drinking water, from around 1km in the front of the E main point of drinking water.

Summary of Evidence

[2019 Highest 2737]

1. Application of Acts and subordinate statutes to photographs of assault-related parts of the Defendant’s partial statement, witness B, and H’s written diagnosis of bodily injury (2020 highest 2645) on the part of the Defendant’s written diagnosis of his/her each legal statement (2020 highest 2645)

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts, Article 258-2 (1) and Article 257 (1) of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Act;