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(영문) 광주지방법원 목포지원 2015.09.07 2015고단217
상해
Text

Defendant

A Imprisonment with prison labor for six months, and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. At around 12:40 on October 12, 2014, Defendant A, at the “E” resting room located in Yong-Namnam-gun, Youngnam-gun, the Defendant inflicted an injury on the part of the Defendant, including the head of the victim once, and kneee, once when the victim’s chest was knee, and the victim’s chest was knee once, and the Defendant sustained three knes that require approximately five weeks of medical treatment.

2. Defendant B, at the time, at the time, at the time, and at the place mentioned in paragraph (1), the above victim A (the age of 41) suffered bodily injury, such as a spathal of a baby in need of treatment for about three weeks, by gathering the safety belt ( approximately 1.5m in length, approximately 10cm in width) attached with a spash, which is a dangerous object set on the floor, against the assault by the victim A (the age of 41).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A medical certificate (B), each medical certificate (A);

1. Application of Acts and subordinate statutes to photographs of the same product as safety belt;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 257(1) of the Criminal Act;

B. Defendant B: Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1)3 of the Criminal Act

1. Defendant B subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (Consideration of the following grounds for sentencing);

1. Defendant A of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A

(a) Determination of types of crimes: General injury resulting from violent crimes in general;

(b) Determination of the scope of sentence: Basic area, four months to one year and six months (no special person: no person);

2. Defendant B

(a) Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

B. Determination of the scope of sentence: Persons subject to mitigation, one year and six months from June to two years: the victim is also subject to the occurrence of a crime.

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