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(영문) 광주지방법원 2016.11.23 2016고단2513
상해등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 07:00 on March 8, 2015, the injured Defendant: (a) took care of the victim D (the 20-year-old) who is a fluorant in the inside of the Defendant’s residence in Gwangju Dong-gu C and 2; (b) did not speak of the fact that the mother, e.g., her mother, did not open a new cellular phone; (c) took the victim’s click at 30 feet; (d) made the victim a scambl with the scamblick; and (d) 4 times the victim scambl with the scambl with the scamblick, etc.

2. At around 23:00 on the same day as Paragraph 1, the Defendant was assaulted on the ground that the victim E (at the age of 43) who is the Defendant’s friendly satisf of the same place (at the age of 43) took the Defendant’s drinking and returned home late, saying, “I am back, I am out, I am out, I am out, I am out, I am out,” and was able to take the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Family relation certificate:

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant provisions of the Criminal Act, Articles 257 (1) and 260 (2) and (1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act for probation, community service and lecture attendance order;

1. Scope of recommendations according to the sentencing criteria;

(a) Type 1 (Determination of Punishment) (General Injury) (Determination of the Recommendation Area), the basic area [Scope of Recommendation), 4 months to 1 year and 6 months; and

(b) Type 1 (Determination of the recommended area of violence), the basic area (where the degree of violence is minor, the victim who continues to exist) of the crime No. 2 (Determination of the type) of violence crime (decision of the recommended area), and the basic area (where the degree of violence is minor), from 2 months to 10 months;

(c) Aggravation of multiple crimes: Four months to one year.

2. Determination of sentence: Imprisonment with prison labor for not less than one year (two years of suspended sentence), the age, character and conduct of the accused, and other circumstances as specified below.

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