beta
(영문) 광주지방법원 2017.06.15 2017고단1495

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:50 on March 10, 2017, the Defendant: (a) sent the Victim D (48 Does) to the Nam-gu, Nam-gu, Gwangju; (b) on the ground that he paid the Victim D (48 Does) amounting to KRW 700,000,000 to the Victim D in relation to the case of assault previously committed, the Defendant was able to take back the Victim E (50 years of age) face and side of the Victim D on the ground that he was forced to pay the Victim D amounting to KRW 70,000,000 to the Victim D; and (c) tried to take back the victim E (50 years of age) by gathering the disease located at the same place; and (d) had knee kbbbbbbs of the Victim E by drinking; and (e) had tighted the Victim E with his hand.

As a result, the Defendant committed harm to the victim E to the head and other parts requiring treatment for about 10 days, and assaulted the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A written diagnosis of injury;

1. Each investigation report (to take photographs of the victim's counterpart damage situations, and to C's speech and behavior at the main place of the case, telephone conversations related to the fact that the victim E is damaged), and the application of the relevant Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

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

1. The first offense for the reason of sentencing under Article 62-2 of the Social Service Order and the first offense for the protection and observation of protection [the scope of recommendations] of the crimes of assault [the scope of punishment] of the aggravated category 1 (General Violence 1) (4-1 year) [the scope of recommendation] of the crime motive 2] of the crime motive / [the scope of recommendation] of the mitigated category 1 (2-1 year] of the mitigated area (2-1 year from February to 1 year] of the mitigated area (the person subject to special mitigation] / the final sentencing scope due to the aggravation of minor injuries: April to June 6 (the determination of sentence] of the following circumstances and the defendant's age, sexual behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the circumstances that form the conditions for the sentencing as shown in the argument of this case.