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(영문) 광주지방법원 2017.05.18 2016고단5986

상해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2016, the Defendant: (a) around 23:30 on October 19, 2016, at the “F” restaurant in Gwangju Mine-gu E, the Defendant was punished for trial expenses as a matter of having been in the victim B (33 tax) and “G music room”; (b) ran the victim’s left engine over by the Defendant’s launch; (c) walking the side of the back of the back of the back of the back of the back of the back of the down of the down of the down of the down of the down of the down of the down of the down of the down of the down of the down of the down of the down of the off of the down of the off of the off of the off of the off of the off of the off of the off of the off of

2. Defendant B, at the time and place mentioned in the preceding paragraph, went beyond the victim A (26) by fishing vessels following the victim’s bridge, and walked the victim’s left arms with the victim’s hand, and continued to walk the victim’s face by hand, thereby causing injury to the victim, such as a complete escape of the 4 weeks and a 10-day therapy in need of approximately 10 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of a part of the prosecution against the defendant A or B;

1. A report on investigation (related to the search for the other party of a timbere);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Defendant B of the order of community service: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. In cases where the application of the sentencing criteria (common to the Defendants) [the scope of the recommended punishment] general injury (the scope of the recommended punishment) basic area (the period from April to one year and six months) / [the victim] also has considerable responsibility for the occurrence of crimes or the expansion of damage (the special aggravated person], serious injury (the type 1 and 4)

2. Determination of sentence;

A. Defendant A suffered from an unexpected injury and did not take any measures for the recovery of damage until now, but the crime was committed in the course of violence and wraping with each other, and thus, the victim is partly responsible for the victim.