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(영문) 광주지방법원 2019.06.27 2018고단5388
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On October 19, 2017, the Defendant is a person who was sentenced to four months by the Gwangju District Court for a violation of the Road Traffic Act (hereinafter referred to as the "Act") and completed the execution of the sentence in the Gwangju Prison on February 15, 2018.

[2018 Highest 5388] On August 9, 2018, the Defendant: (a) around 00:27, at the “D” restaurant operated by the victim B (58 years of age) in the Jeonnnam-gun C; (b) as a matter of the demand for overlapping payment between the victim and the food, the Defendant expressed the victim’s desire to “two years, weather sches,” etc.; and (c) caused the victim’s head to face with the wall, and caused the victim to face with the wall, thereby making the victim take a thromatic bath, etc.

[2019 Highest 316] On December 14, 2018, the Defendant suffered injury, such as 1-2 times the victim’s left chests, 1-2 times the victim’s upper chests, 1-2 times the Defendant followed the victim’s 1- week of medical treatment, 4 weeks of 4 weeks of cage, and 4 weeks of cage cage cage cage cage cage cage cages.

Summary of Evidence

[2018 Height5388]

1. The defendant's legal statement (the third trial date);

1. The police statement concerning B;

1. A report on internal investigation (related to attachment of a medical certificate) (limited to attachment of a medical certificate);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each medical certificate and injury medical certificate (pre-trial record on the market);

1. Application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind, repeated crimes, etc.);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for damages is not clear) have many records of having been punished for violent crimes. The Defendant committed each of the instant crimes during the period of repeated crimes, such as the record of criminal records in the judgment, and the victim F.

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