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(영문) 광주지방법원 2018.04.12 2018고단83
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2017, the Defendant: (a) 00:38, while drinking alcohol at the “C” station located in Nam-gu, Nam-gu, Gwangju, Gwangju, the Defendant: (b) carried the victim D, the owner of the above main shop, who was seated in the table b; (c) took a bath to the table without any justifiable reason; (d) caused the beer’s disease being boomed in the table brea; and (e) caused the beer’s disease to protruding back on the head of the victim; and (e) caused the victim to be fright ahead of the head of the victim; and (e) caused the victim to commit assault by carrying the brea’s disease, which is a dangerous object by getting the part of the head of the victim’s body one time, by taking the part of the victim’s head into account the victim’s disease.

2. In the same place, the Defendant continued to inflict an injury on the victim, i.e., the victim’s head debt, flabing him/her with left hand, resulting in an injury, such as the victim’s labing of 42-day eye, which requires treatment for about 42 days, on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (the occupation of assault to carry dangerous articles, the choice of imprisonment), and Article 257(1) (the occupation of inflicting bodily injury and the choice of imprisonment) of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

A. A. 1 Crimes No. 1 Crimes [Scope of Recommendations] No. 6 Crimes (Special Assaults for Habitual Offense) (Special Assaults) and No. 2 Crimes in the mitigated area (4 months to 1 year and 2 months) [the scope of the recommended punishment] of the mitigated area (the scope of general injury) of the mitigated area (2 months to 1 year), the mitigated area (2 months and 1 year) of the mitigated area (the specially mitigated person) of the mitigated area (2 months to 1 year)

(b) Application of standards for handling multiple crimes: April to August 1;

2. That there has been a record of having been punished several times in the decision of sentence, and that the degree of injury of the victim is not less than that of the victim is disadvantageous, or the victim wishes to be punished.

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