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(영문) 광주지방법원 순천지원 2016.02.11 2015고단2278
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On April 12, 2010, the Defendant was sentenced to 16 times a total of 16 penalties for violence, such as receiving a summary order of KRW 3 million due to the crime of property damage, etc. from the Gwangju District Court's Netcheon Branch.

At around 18:40 on October 2, 2015, the Defendant: (a) driven a motor vehicle on the alley side of the C cafeteria, which was under the influence of alcohol, and driven the window of the victim D (23:3) (S) who was going to a river at the same time while driving the motor vehicle on the alley side of the C cafeteria B, and continued to drive the motor vehicle at the same time; (b) caused the damage of KRW 1,578,465 on the part of the victim to damage the car owned by the victim, thereby undermining its utility; and (c) continuously caused the victim to inflict an injury on the victim, such as catum, tensions, and tensions in need of two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Written estimate and written diagnosis;

1. Three copies of photographs and one CD in video stuffs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 stay of execution;

1. Where the grounds for sentencing under Article 62-2 of the Social Service Order and the protection and observation of the crime and Article 62-2 of the Act on the Punishment of Crimes (Assault) [the scope of recommendation] are crimes (fence) / [the scope of punishment] / [the person subject to special mitigation] / [the scope of punishment / the person subject to special mitigation / her efforts to recover damage) / her punishment / her punishment - the scope of punishment / [the scope of recommendation / her punishment / her 1 month or 6 months] / the area subject to mitigation / [the person subject to special mitigation / the person subject to special mitigation / her her efforts to recover damage] / the area subject to punishment / the final sentence due to the aggravation of punishment (including serious efforts to recover damage) or significant damage: February 1 to 3 [the decision of sentence].

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