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Reasons
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(영문) 광주지방법원 2016.07.15 2016고단1588
상해
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On January 14, 2016, Defendant A: (a) around 21:00, in F in Gwangju Mine-gu, the victim B (38 taxes) was under the influence of this alcohol, and the victim’s face was faced with his/her son on the ground that he/she was breading his/her alcohol and her humbing.

As a result, the defendant put the victim into the top-hand body, which requires approximately four weeks of treatment.

2. On January 14, 2016, from around 20:30 to 21:00, Defendant B interfered with the victim’s main business by force for about 30 minutes by having the victim G (n, 45 years of age) who is an owner of his/her business under the influence of alcohol in light of the foregoing F, “Wing-to-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-

Summary of Evidence

1. The police interrogation protocol (including the part concerning H and G statements) against each of the Defendants’ respective legal statements

1. Statement made by the police in relation to B and G;

1. A H statement;

1. Application of Acts and subordinate statutes to each chief of a complaint, each evidence photograph and diagnosis report;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act (the choice of imprisonment)

B. Defendant B: Article 314(1) of the Criminal Act (Optional to the punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act with respect to detention in a workhouse (defendant B);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act with respect to Defendant A);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act against Defendant B

1. In the event that Defendant A [the scope of recommended punishment] is reasonably responsible for the occurrence of a crime even to the victim (a person with a special mitigation) within the area of special mitigation (i.e., January to one year) (i., a person with a special mitigation), the non-execution of punishment [the sentence] is against the Defendant, there is no record of being sentenced to suspension of qualification or more severe punishment, and there is no record of being sentenced to suspension of qualification or more punishment, the background of the occurrence of the case, and the injury of the victim.

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