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(영문) 광주지방법원 순천지원 2016.12.14 2016고단1892
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 25, 201, the Defendant issued a summary order of KRW 500,000,000 as a fine for an injury in the Gwangju District Court’s Net Branch on December 16, 201; on May 30, 201, the same court issued a summary order of KRW 500,000 for the same offense in the same court; on September 22, 2015, the Defendant was sentenced to one year to imprisonment for an injury, etc. at the same court on August 10, 2016, and completed the execution of the sentence.

【Criminal Facts】

1. 상해 피고인은 2016. 9. 9. 10:00경 순천시 B에 있는 'C' 앞 노상에서 피해자 D(43세)이 위 편의점 업주 E의 가슴을 만졌다는 이유로 화가 나 손바닥으로 피해자의 얼굴 부위를 3회 때려 넘어뜨리고, 넘어진 피해자의 얼굴 부위를 발로 1회 찼다.

As a result, the Defendant inflicted injury on the victim, such as the impairment of the reputation of face without knowing the number of treatment days.

2. At around 15:40 on September 14, 2016, the Defendant demanded reimbursement of hearing aids damaged by the assault committed by the Victim F (Age 63) in the past at the same place as above, but the Defendant took twice the victim’s face face by hand on the ground that the victim refused compensation.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of D and G;

1. Damage photographs;

1. A medical certificate;

1. Each report on investigation;

1. Previous records: Criminal records and other inquiries, investigation reports, court rulings, etc., and application of Acts and subordinate statutes on the current status of confinement of individuals;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

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

1. For the reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, Category 1 (General Violence) [Special Aggravation] and Article 37 (Determination of Punishment) of the Criminal Act: the aggravated area of the same repeated crime [Determination of the recommended area] [Determination of the recommended area] 4 months to 2 years [Determination of the type].

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