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(영문) 광주지방법원 2015.12.04 2015고단3232
상해등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 25, 2015, at around 05:00, the Defendant: (a) landed from a taxi in the south-gu Seoul metropolitan area D (64 years old); (b) brought the victim’s cab in front of the taxi in front of the city in Gwangju metropolitan area; (c) brought the victim again was on the taxi driver’s seat, and (d) took the victim’s face into the cab in front of the taxi due to the problem of the taxi rate, and then, (e) took the victim’s face by drinking, and (e) took the victim’s face at a time when he/she takes up about two weeks of treatment.

2. The Defendant damaged the property by inserting the date and time set forth in paragraph (1) above, and at the same place, the victim E, who was at the time and time set forth in the above paragraph (1), was deprived of the number of card body size and the gap between the card body size installed in the taxi in the cab where the cab was set off from the cab driver’s seat.

Summary of Evidence

1. Legal statement of witness E;

1. Descriptions of each written diagnosis;

1. Application of Acts and subordinate statutes to written estimates of general repair costs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of injuring the judgment: Article 257 (1) of the Criminal Act;

(b) The point of causing property damage in judgment: Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Since the crime of injury in the judgment of the criminal whose sentencing criteria are set is not set, the lower limit of the sentencing guidelines for the crime of injury in the judgment of the criminal is set at the lowest limit of the sentencing for this case.

The scope of recommendations on the sentencing criteria [Determination of the type] on the basis of the general injury to violence, category 1 (general injury): - the source of mitigation [Determination of the recommended area] mitigation area (determination of the recommended area] mitigation area 2 months to 1 year

(b) whether to add a stay of execution - The major reasons for the suspension: not more than five years from the negative previous convictions;

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