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Reasons
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(영문) 광주지방법원 2015.04.08 2015고단67
상해
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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 January 1, 2015, at around 03:50, the Defendant was boarding a D-si operated by the victim C (Nam and 58 years of age) in a drinking aggregate in the Suwon Mine-gu, Gwangju, but was scheduled to arrive in front of the E-House of Gwangju, Gwangju, which is a destination.

Accordingly, the defendant, who had been sitting on the back seat of the head of the above taxi, was found to have arrived at the defendant's destination, was "I am bleeped twice a week from the victim's face while I am," and the defendant continued to get out of the taxi, and the victim, who was trying to get out of the taxi, was also injured by the victim, such as a escape from the right-hand right-hand right-hand side of the 4 weeks in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A written diagnosis of injury;

1. Application of the law to photograph the content of the victim’s damage [The evidence reveals that the defendant inflicted an injury on the victim as stated in the facts constituting an offense, and no other circumstance exists to suspect the credibility of the victim’s statement C]

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommendations on the sentencing criteria: Violence crimes in April to June, general injury, Type 1, and basic areas of imprisonment;

2. Specific grounds for sentencing - reasonable circumstances: The defendant reflects the crime of this case; there is no record of the crime against the defendant; and the defendant deposits 4 million won for the victim. - Unfavorable circumstances: the victim's injury is not minor.

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