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(영문) 광주지방법원 순천지원 2018.11.15 2018고단1295
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant was sentenced on May 31, 2017 to 4 months of imprisonment with prison labor and one year of suspended execution in the Gwangju District Court's net support on May 31, 2017 and to 1 year of suspended execution as the defendant was an apartment resident like the victim B (79 years of age) and suffered injury to the victim without any reasons around October 2016.

6. 8. The judgment became final and conclusive and conclusive on June 7, 2018, and the period of the suspension of execution was also limited.

At around 10:55 on May 24, 2018, the Defendant, on the road side of the C Apartment Complex D, Macheon-si, without the victim’s own reason, expressed a desire to “Yee, flaf h. h. h.” on the floor, spits, etc., and the victim spits down on the floor, spits, etc. on the floor. The victim spits down the victim’s face, spits the flaf, etc. with the victim’s flaf, and flafed the victim’s face with his left hand, thereby causing the victim’s injury, such as damage to the flaf, etc., which can be deemed necessary for the victim’s treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The relevant Article of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts, and the Defendant’s reason for sentencing of sentence of imprisonment is contrary to the recognition that the Defendant substituted for a crime.

The degree of injury suffered by the victim is relatively weak.

However, the crime of spiting the face of the victim, who is the elderly and the elderly who is prone, and spiting the victim's face, and causing an injury by assault, is heavy.

The defendant was sentenced to the suspended sentence of imprisonment with prison labor for the same victim without any reason, and again committed the crime of this case during the suspended sentence of imprisonment with prison labor for the same victim, although the suspended sentence of imprisonment with prison labor for the same victim was imposed three times, and in particular, as of the date of the sentence of this decision, the suspended sentence of this case was imposed.

It was not possible to receive a letter from the injured party.

In addition, all the circumstances, such as the circumstances after the crime, the age of the defendant, family relationship, environment, etc., are as follows.

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