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(영문) 광주지방법원 2020.04.29 2020고단770

상해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who sets a dog into the Pyeongtaek village, was not able to be in harmony with the residents of the village, such as the victim B (the age of 72).

On October 20, 2019, in the vicinity of the victim's house in Seo-gu, Seo-gu, Gwangju on October 20, 2019, the defendant has a dispute between the victim and his husband.

The Hague came to be hedging.

피고인은 2019. 10. 20. 16:10경 위와 같이 말다툼한 것에 대해 따지기 위해 피해자의 집 대문을 발로 차고 피해자의 집 마당까지 침입한 후 그곳에 있던 피해자의 멱살을 잡고 피해자를 문밖으로 끌어내 주먹으로 피해자의 얼굴과 팔 부위를 때리고, 바닥에 쓰러진 피해자의 옆구리와 다리 부위를 발로 수회 찼다.

As a result, the Defendant invadedd the victim's residence and inflicted injury on the victim such as cage cages that require approximately 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant Article 257(1) of the Criminal Act, Article 319(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to reasons for sentencing under Article 62-2 of the Probation Criminal Act: The fact that there are many criminal records of the defendant, circumstances favorable to the elderly and the degree of injury suffered by the victim is not less than that of the defendant: The fact that the defendant recognized the crime, and that the victim does not want the punishment of the defendant by agreement with the victim;