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(영문) 광주지방법원 2015.04.28 2015고단99
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2014, around 00:30 on July 5, 2014, the Defendant was under the influence of alcohol in the front of Dju located in Nam-gu Gwangju-gu, Gwangju-gu, on the ground that the Defendant was faced with F and the shoulder of the victim E (ma, age 29).

The defendant, upon the request of the victim to go with the victim, was able to stop fighting with two police officers dispatched after receiving a report while fighting with the victim, such as sending the victim's face to the victim's face by drinking, etc.

The Defendant: (a) the police officer, who was on his own, exceeded the clothes of the police officer, using the cresh in which he requested the provision of assistance using electricity, and (b) another police officer, in front of the police officer, forced the victim to be able to defris the face of the victim once due to the creshing of the police officer, leading the victim to the direction of the victim.

As a result, the victim suffered injury to the victim, such as the mouth of the left-hand part of the upper-hand part of the body, and the sacrife of the left-hand part of the upper-hand part of the body, which requires about seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the police accused and E;

1. Statement of the police officer G;

1. Application of Acts and subordinate statutes, such as a photograph of damage and a medical certificate (Evidence Nos. 3, 9, 10 of the evidence list);

1. Relevant Article 257(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. Probation and the reasons for sentencing in Article 62-2 of the Social Services Criminal Act [the scope of recommending sentence] general injury (the scope of recommending sentence] shall be decided as per the disposition in the case where the victims are fully responsible for the occurrence of crimes or the expansion of damage even to the basic area (4 months to 1 year and 6 months) of category 1 (special mitigation) (special mitigation).

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