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(영문) 광주지방법원 목포지원 2019.04.30 2019고단127

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 06:50 on November 6, 2018, the Defendant asked the victim B (the aged 21) to “here himself/herself when he/she was divingd,” and on the ground that the victim respondeded to a fake, he/she suffered injury, such as a pacta, which requires approximately four weeks of treatment to the victim, on the part of his/her own hand, when he/she met the face part of the victim on a one-time basis, and she met the face part of the victim on a one-time basis.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B, C, D, E, and F;

1. Investigation report (victim B's color photograph);

1. Investigation report (price A photographs of the perpetrator A);

1. Application of Acts and subordinate statutes to a report on investigation (a written injury diagnosis of a victim B);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Extent of recommendation [decision of type] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including special person who has a sentence): Reduction element of punishment: The factors of aggravation of punishment (including serious efforts to recover damage): the basic area of injury (the recommended area and the scope of recommendation], the basic area of imprisonment with prison labor for April to June;

3. Determination of sentence: The defendant has served for four months of imprisonment with prison labor and a fine for violent crimes, and has committed the instant bodily injury in a prison in prison where he/she is sentenced to imprisonment with prison labor for special injury in 2018 and has been sentenced to imprisonment with prison labor for a period of one year and two months, and the victim has sustained the injury whose right is reduced.

Even when considering favorable circumstances, such as the payment of 2.5 million won to the victim and the agreement of December 18, 2018 by the Defendant on the part of the victim, and the fact that the Defendant’s appeal that there was a disturbance in labor union, the crime of this case was committed in which the victim suffered serious injury by exercising violence on the ground that the victim respondeded to fake herus, and was sentenced to punishment for the same crime.