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(영문) 광주지방법원 2014.10.01 2014고단2915
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall pay KRW 2,665,162 to an applicant for compensation.

3.2

Reasons

Punishment of the crime

At around 04:00 on June 1, 2014, the Defendant left a lele to a vehicle owned by the victim E, which was parked in Jeju Island, the Defendant: (a) determined that the victim, who discovered it, “I sees the other party’s seat”; (b) caused the victim’s loss to the Defendant’s shoulder; (c) kid the victim’s arms by hand; and (d) damaged the victim’s face to the bottom; and (e) caused the victim’s injury to the eroke that requires approximately five weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The grounds for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Sentence of Provisional Execution, in full view of all the circumstances, including: (a) the Defendant did not agree with the victim until now; (b) the injury of the victim appears to be serious; (c) the Defendant has been sentenced to suspended sentence for the same kind of crime around 2003 and around 2007; and (d) the Defendant’s mental health conditions, family relationship, and economic situation, etc., the sentence shall be determined as ordered within the scope of the following sentencing criteria.

[Standards for Determination] - General Injury to the Scope of Recommendations - Basic Area (No. 4 months to one year and six months)

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