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(영문) 광주지방법원 2016.01.13 2015고단3646

상해

Text

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

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

Reasons

Punishment of the crime

On April 21, 2015, at around 01:35, the Defendant issued alcohol to the victim C in the indoor package of the victim C (son, 33 years old) located in Gwangju Northern-dong on April 21, 2015.

Accordingly, the victim D (the remaining, 31 years of age) who is the victim C et al. together with "I wish to drink his alcohol", and the defendant d's own hand batd the victim D's bat and fatd the face twice.

Since then, the victim E (n, 39 years of age) who is a female employee of the victim C and the main store, the defendant marier, the defendant c's chest and the arms of the victim C several times as drinking, and the head part of the victim E twice as drinking.

As a result, the Defendant committed a “non-felballs” etc. requiring approximately four weeks of medical treatment to the victim D, and the victim C’s “felballs” requiring approximately two weeks of medical treatment to the victim C, and the victim E needed to receive approximately two weeks of medical treatment, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, D, E, and F;

1. Each written diagnosis of injury to the victims;

1. Application of statutes on field photographs;

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

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. Determination on the Defendant’s assertion of the observation of protection and the community service order under Article 62-2 of the Criminal Act

1. The gist of the claim lies with (G) that the Defendant went out of the main point to drink alcoholic beverages and smoke tobacco after drinking at the said main point.

At that place, the defendant unilaterally met three subjects, such as the victim C, D and one victim.

Since then, the defendant did not move to the main points and entered the main points, and even after the head shoulder the main disease, the above three subjects were unilaterally followed.

In the end, the defendant was unilaterally and did not inflict an injury on the victims.

2. Determination.