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(영문) 광주지방법원 2016.03.17 2015고단4612

상해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2015, the Defendant around 00:30, around the Seo-gu, Seo-gu, Gwangju, and around 10 times at approximately 10 part of the part of the victim, as the victim B(32 tax) under the influence of alcohol and the vision occurred.

As a result, the Defendant inflicted injury on the victim, such as pulverization of flavers that require approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement B;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Articles 32(1)3 and 32(2) and 25(3)3 (the scope of liability for compensation is not clear, and thus, it is not reasonable to issue an order for compensation in the criminal procedure of this case) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation [the scope of recommendation] of the basic area (4 months to 1 year and 6 months) of the type 1 (the scope of recommendation] (the scope of general injury) [the scope of punishment] of the basic area (4 months to 1 year and 6 months] of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation. However, considering the fact that the defendant was the first offender, and deposited KRW 5 million in the compensation group for the victim, etc.