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(영문) 광주지방법원 2016.08.24 2016고단1615

상해

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 15, 2013, the Defendant, at around 01:45, at the main point of “C” located in Gwangju Northern-gu, Gwangju, the Defendant: (a) asked the victim D (58 years of age) who is the main owner of the said main store to give a singing, but was rejected; (b) caused injury to the victim, such as a non-fringing the body of the victim’s face, for approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of the category 1 (Determination of the area of recommendation] of the general injury to violent crimes, from 4 months to 1 year and 6 months;

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

The degree of injury is not less severe, the circumstances favorable to the fact that there is the record of punishment for violent crime: The fact that the wrong is divided, the fact that the victim deposits one million won for the victim, etc., and the fact that there is no record of punishment for violent crime after 2004.