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(영문) 광주지방법원 2015.09.17 2015고단2754
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 1, 2014, the defendant is a person who has been sentenced to a summary order of a fine of up to three million won in violation of the Punishment of Violences, etc. Act at the Gwangju District Court on July 1, 2014 and has been committed 11 times for identical violent crimes.

On July 17, 2015, at around 03:40, the Defendant: (a) operated the victim D (the age of 56) in Gwangju Northern-gu, Gwangju-gu, on the ground that the victim’s face was left at the time, and the victim’s face was lost once, and kiddddd the victim’s breath, and kiddddddd the bridge.

As a result, the Defendant caused the victim to suffer from approximately two weeks of treatment, such as “grhying and surrounding snow,” and damaged the victim’s awareness so as to cover repair costs equivalent to KRW 200,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Each statement of the defendant, D, and F;

1. Evidence photographs, written diagnosis of injury, and written estimate (Evidence Nos. 4, 7, and 8 of the evidence list);

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Articles 257 (1) and 366 of the Criminal Act concerning the facts constituting an offense. Article 257 (Selection of Imprisonment);

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. Where the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is limited to the category 1 (compact) (in the case of general mitigation) and category 1 (in the case of general mitigation) (in the case of general mitigation), minor injury (including efforts to recover damage), not to punish (in the case of serious efforts to recover damage), or considerable damage has been recovered, the scope of recommending punishment / [the scope of recommending punishment / [1-6 months] of the special mitigation area (in the case of special mitigation] of category 1 (in the case of damage, damage, etc.) of the special mitigation area (in the case of special mitigation] of the punishment area (including serious efforts to recover damage) or significant damage has been recovered, the final sentencing scope due to the aggravation of multiple crimes: January 1 to March of dismissal of prosecution on January 1.

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