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(영문) 광주지방법원 2016.11.03 2016고단2845
상해등
Text

Defendant shall be punished by imprisonment with prison labor for four months, and 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

1. On June 1, 2016, the Defendant: (a) around 02:10 on June 1, 2016, at an entertainment drinking club operated by the Defendant’s wife C (Inn, 52 years old); (b) on the ground that the Defendant was drinking and drinking with his employees, while drinking and drinking with his employees, the Defendant said that he brought about the transition ( approximately 25 cm in total length) at the kitchen, brought about the victim’s escape, and that he would drive away the victim, the Defendant said that he was “the deader.”

Accordingly, the defendant threatened the victim by using dangerous things.

2. 피해자 E에 대한 범행 피고인은 제1항 기재 일시, 장소에서 위와 같이 과도를 들고 C을 협박하는 것을 위 유흥주점 종업원인 피해자 E(여, 49세)가 과도를 빼앗으며 제지하였다는 이유로 화가 나, 발로 피해자의 허벅지 부위를 2회 걷어찼다.

As a result, the defendant suffered an injury that needs to be treated for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness C and E’s legal statement;

1. Each protocol of suspect examination of the police accused and C;

1. Statement of E by the police;

1. Application of excessive photographs and diagnostic instruments-related Acts and subordinate statutes;

1. Articles 257 (1), 284, and 283 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The part that the Defendant, while recognizing the crime of inflicting bodily harm on the grounds of sentencing under Article 62(1) of the Criminal Act, took advantage of excessive intimidation is denied.

However, comprehensively taking account of the above evidence, the fact that the defendant was in excess of the victim’s desire at the time of the instant case can be sufficiently recognized.

Regarding sentencing, considering the fact that the defendant and the victim C are legally married persons, and the degree of violence or injury is not heavy.

In addition, it is decided as per the Disposition in consideration of all the circumstances regarding sentencing.

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