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(영문) 광주지방법원 목포지원 2015.04.27 2015고단173

상해

Text

A defendant shall be punished by imprisonment for six 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

On February 12, 2015, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (Intimidation by collective groups, deadly weapons, etc.) in the Gwangju District Court's Branch on February 12, 2015, and the judgment became final and conclusive on February 24, 2015.

On September 4, 2014, the Defendant: (a) around 23:30 on September 4, 2014, at the night in the Kim Gan-gun, where the Defendant was working for the Defendant, and on the ground that the victim D (55 years of age) who was a fluore with no usual appraisal was fright into the room where the Defendant was under the influence of alcohol and was able to fluor the Defendant’s desire to fluor, the Defendant fluord the victim’s eye on one occasion; (b) the Defendant fluordd the victim’s chest and side fluor on one occasion; (c) the victim’s chest and side fluoring the victim’s face from the victim’s face on five consecutive occasions; and (d) the Defendant fluord the victim’s face and side fluord the victim’s face and side fluoring.

As a result, the Defendant inflicted injury on the victim, such as a closed peltoma which needs to be treated for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Medical certificates (Closed Alleys - 4 weeks), medical certificates (damage between external characteristics - three weeks), and medical certificates (the complete escapes, etc. - 4 weeks from the left-hand side of the bad);

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order Article 62-2 of the Criminal Act does not apply to the sentencing criteria for latter concurrent crimes of Article 37 of the Criminal Act.

Although the injury suffered by the victim is not minor, the defendant's mistake is recognized and reflected, the victim stated in the investigative agency that the defendant's preference is disturbed, the defendant's age, character and conduct, family relationship, and judgment becomes final and conclusive.