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(영문) 광주지방법원 2015.05.21 2014고단4358
상해
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That 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

Defendant

And the victim C(56 years of age) is a taxi driver in the jurisdiction of the Dsi company, and a shift worker who operates the E-business taxi of the said taxi company in shifts.

On October 14:15, 2014, the Defendant: (a) around 114:15, around 418, Seo-gu, Seo-gu, Seo-gu, Gwangju, 418-gil, and 2-dong apartments, the Defendant, on the ground that the Defendant, without shifting the previous taxi, she was able to take care of the 50,000 won, and her desire from the victim, she saw the victim, and she was flicked with the breath, she was flicked by her hand, and she was flicked by the victim, and her part of the bridge was flicked by her on the left side of 11-day, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Relevant photographs, diagnostic reports, and internal investigation reports (CCTV image data analysis and related Acts and subordinate statutes);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Scope of the recommended sentence according to the sentencing criteria: Where the victim has a considerable responsibility for the occurrence of crimes or the expansion of damage even to victims, in the case of imprisonment with prison labor for not less than two months or for not more than one year violent crime: general mitigation area of injury in general.

3. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution for two years, the degree of injury to a victim is not less severe, recovery of damage, and failure to reach an agreement with the victim shall be disadvantageous;

However, the victim is fully responsible for the occurrence of the instant case, such as assaulting the defendant first, creating fighting, etc., and the defendant generally misleads and reflects his/her mistake, and all of the sentencing conditions shown in the pleadings of the instant case, such as the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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