logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.05.20 2015고단4694
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor by the Gwangju District Court on June 27, 2015, and the judgment became final and conclusive on December 5, 2015.

On February 21, 2015, at around 01:15, the Defendant: (a) took a bath to the victim E (the age 22) who passed the path in front of the “Del” located in Gwangju Nam-gu, Gwangju, without any particular reason; (b) took a bath to the victim E (the age 22); (c) took a son’s hand when her hand bucks the Defendant, the victim F (the age 25), who is a fluor of that woman, her face, she inflicted an injury such as the left side flussium where the number of treatment days cannot be known when her face is taken by drinking.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness E and F;

1. Statement concerning G in the protocol concerning the examination of suspect of the police officer;

1. Statement in each police statement with respect to E and F;

1. Statement on the records of emergency patients;

1. The credibility of the photographic image (the defendant's act, details of damage, response of the victims, the course of movement, and the victims' statements before and after the crime are consistent and specific, may be recognized;

After the victim F was damaged, the victim F entered the defendant's house to identify the perpetrator.

In this context, the defendant recognized the fact that he had been creamed by the victim F at the first trial date, and the father of the defendant at the beginning of the investigation committed the crime of this case.

In addition to the fact that the perpetrator made a false confession, it can be sufficiently recognized that the perpetrator is the defendant.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria;

A. The basic area (from April to January 1) of the first crime (the scope of recommendations) (the scope of general injury) (the basic area (the general injury) (the person who has been subject to special sentencing) was nonexistent.

arrow