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(영문) 광주지방법원 2010.08.18 2010고단1313
상해 등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 18, 2008, the defendant was sentenced to a suspended sentence of 8 months by the Incheon District Court for a violation of the Passport Act, and the judgment was finalized on February 26, 2008.

1. Injury;

A. On March 31, 2008, at around 15:30 on March 31, 2008, the Defendant used assaulting the victim D(30 years of age) in the Dong-gu, Gwangju, on the ground that the victim D(30 years of age) was not exposed to the Defendant’s telephone, such as the victim’s face, etc. at a drinking time, the victim’s face, etc. was cut back, the side gate, bridge, etc. was cut back, and the victim took a part in a sloping hand, etc., leading the victim to approximately two weeks of medical treatment.

나. 피고인은 2008. 3. 31. 22:10경 피해자가 전화로 위 폭행사실을 따진다는 이유로 위 가게를 다시 찾아가 주먹과 발로 피해자의 온몸을 때리고, 양팔로 피해자의 가슴을 안고 조르면서 바닥에서 뒹굴고, 다시 발로 피해자의 배 등을 차고, 팔로 피해자의 목을 감아 조르는 등 폭행하여 피해자에게 약 4주간의 치료를 요하는 좌측 7번 늑골골절 등의 상해를 가하였다.

2. The Defendant: (a) abused the victim at the same time, time, and place as referred to in the above Section 1-B; and (b) took the victim’s bath to the victim; and (c) expressed the attitude of threatening the victim by putting him/her in his/her hand a dangerous object (22 cm in length).

Summary of Evidence

1. Legal statement of the defendant and witness F

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement related to D or F;

1. Investigation report (influences, photographs and field photographs of violence scene);

1. A written diagnosis of injury;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. The point of inflicting an injury on the criminal facts concerned: Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor), the point of being suspended, carried, and intimidation: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1)1 of the Criminal Act;

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