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(영문) 광주지방법원 해남지원 2018.07.19 2018고단84

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On November 17, 2017, the Defendant suffered from the victim E (55 years of age) and shoulder in front of the “D” located in Gunnamdo, Namdo on the following day: (a) around 22:57 on November 17, 2017; (b) on the ground that the victim felled with the victim E (5 years of age) and shoulder, the victim was boomed two times of the face of the victim, and (c) on the 2-3 occasions of walking the face of the victim 2-3 times, the victim was injured by the victim, such as the right side, the mouth, the mouth, the mouth, the mouth, the mouth, the mouth, and the open body of the cating.

2. The Defendant assaulted the victim on the date and time set forth in paragraph 1, at the place, on the ground that the Victim F (F, 52 years of age) was prevented from committing the Defendant’s assault as described in paragraph 1, such as the Defendant’s statement in paragraph 1. On the face of the victim, the Defendant was able to take back the victim’s face at one time by asking the victim’s left-hand bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and E;

1. A written statement of the G production;

1. Each report on investigation;

1. A written diagnosis of injury (the Defendant did not ask the Victim F to the Defendant;

Although part of the facts charged is denied, according to the police statement protocol against F and the victim's photograph attached to the investigation report, etc., it can be sufficiently recognized that the Defendant committed assault by asking the victim F's bucks in the manner of committing the crime as stated in the judgment).

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long term of the punishments prescribed by each crime);

1. Application of the sentencing criteria;

(a) The basic area of crimes No. 1 (Bodily Injury) (the scope of recommended punishment) (the basic area of crimes No. 1): Imprisonment with prison labor for not less than 4 months nor more than 1 year and 6 months (no person subject to special sentencing);

(b) The basic area of crimes of No. 2 (Assaults) (Scope of recommended punishment) and the basic area of crimes of No. 1: Imprisonment for 2 months to 10 months (no person subject to special sentencing).

C. Aggravated increase in multiple offenses.