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(영문) 광주지방법원 2020.05.20 2020고단1446
상해
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to eight years of imprisonment for attempted robbery at Seoul Southern District Court on May 20, 2010 and completed the execution of the sentence in the Southern Prison on February 25, 2018.

【Criminal Facts】

At around 17:20 on January 23, 2020, the Defendant: (a) 17:20, at the Ccafeteria in Gwangju Northern-gu, the victim E (the age of 44) expressed the victim’s desire on the ground that women’s friendship D and the path come to move to himself; (b) the victim’s neck was pushed away by his arms; (c) the victim’s movement was obstructed by electric poles; and (d) the victim’s head was pushed down his chest by hand due to the defect in the victim’s photographing his act by cell phone; (c) the victim’s head was frighted on the ground floor by cutting the head, frighting the body of the victim; and (d) the victim was frighted on the side of the floor; and (e) the victim was frighted, and (e) the victim exceeded the victim’s body and then fright up the floor.

Since then, in front of G cafeteria located in Gwangju Northern-gu, about about 50 meters away from the above C cafeteria, the Defendant continued to inflict injury on the victim's body, such as the impairment of spatry of 2 feet, spatry, and spatry that require treatment for about 14 days, when the victim who was assaulted as above was pushed in the body of the victim due to spatching the victim's spatch and drinking and spatching.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement of E and H;

1. A report on investigation (the search by the shote I telephone);

1. Investigation report (on-site visit search and CCTV investigation);

1. Investigation report (to attach a written diagnosis and diagnosis submitted to the victim E);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders.

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