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(영문) 광주지방법원 순천지원 2016.05.03 2015고단2460

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

1. On July 10, 2015, around 07:50 on July 10, 2015, the injured Defendant D (n, 39 years old) who was the former wife at the home of the Defendant located in Gwangju (n, the said 39 years old) taken a deduction of the following keys from the Defendant’s money to bring about the victim’s property after the divorce final and conclusive judgment.

For the reason that it was, the victim's head collection was boomed by cutting off the victim's head collection, taking a telegraph of the victim's body, booming the neck, etc., and inflicted an injury on the victim, such as cutting the alley of the head of the victim's body that requires approximately six weeks of treatment.

2. On July 3, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Efranchising car without obtaining a driver’s license within the one kilometer section from the front of a sexual light iron in the luxan Eup to the roads located in the same Eup/Myeon, from the day before the sexual light iron bars located in the luxan Eup at the time of lightyang-do, to the roads of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each photograph;

1. Investigation report (attaching an inquiry about a failure to obtain driver's license);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, 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 sentence was determined as ordered by taking into account the following factors: (a) the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act including the observation of protection and community service order, community service order, and order to attend a lecture has no record of committing a crime heavier than imprisonment without prison labor; (b) the Defendant deposited some amount to recover the victim’s damage; (c) the relationship between the Defendant and the victim; (d)