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(영문) 광주지방법원 2016.09.28 2016고단3077
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 June 18, 2016, the Defendant: (a) 03:00, at the street of the Defendant 1’s walked with each other; (b) frightened the victim’s walked; (c) frightened the victim’s walked with one another; (d) frightened the victim’s walked with one another; and (e) frightened the victim’s walked from the drinking house at around 05:50 on the same day; and (e) frightened the victim’s face at the front side of the Dong-gu, Gwangju-gu, Gwangju-gu, while avoiding any defect that the victim’s walked on the road, the Defendant frightened the victim’s face, etc. from the drinking house at around 03:00; and (e) inflicted injury on the victim, by walking the victim’s face, etc. beyond the floor, such as a closed frighting so that it needs to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made with respect to E, FG and H;

1. A report on investigation (attaching photographs of the suspect's assault);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs concerning violence cases;

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. Article 62-2 (1) of the Criminal Act on the community service order;

1. Grounds for sentencing under Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (not including where the scope of liability for compensation is unclear);

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.

Unfavorable circumstances: Method of violence and degree of injury, such as taking the face of the victim in excess of the victim's face into account, is not easy.

There is no effort to recover damage.

A favorable normal situation: A person who has been damaged.

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