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(영문) 광주지방법원 2017.08.11 2017고단2450
상해등
Text

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

Reasons

Punishment of the crime

On May 29, 2017, at around 22:00, the Defendant tried to flee beyond a fenced to the victim D (50 tax) located in Seo-gu, Seo-gu, Gwangju, for the first time before the residence of the victim D (50). However, the Defendant attempted to escape beyond a fenced to enforce the reason that the victim was deprived of Madro, and entered into the house.

During that period, the injured person gets the defendant to the second hand in the second hand, and the defendant gets the part of the injured person's arm's length in the second hand, and the defendant gets the body of the injured person and pushed the injured person with the wall behind the body of the body, let the damaged person go beyond the floor after facing the wall, etc., and 10 times the part of the injured person's chest and the part of the clothes were taken out by drinking.

As a result, the defendant invadedd the victim's residence, and caused the victim's dives of completes, etc., which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Medical certificate of doctor F;

1. Investigative report (in cases of telephone conversations with victim's wife G), investigation report (in cases of telephone conversations with victim's wife G);

1. Application of Acts and subordinate statutes concerning photographs and field photographs of the body of the victim;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment on the sentencing criteria: Since the crime of injury for which the sentencing criteria are set and the crime of intrusion upon residence for which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, only the lower limit of the range of the recommended sentences for the crime for which the sentencing criteria are set as follows [the scope of the recommended punishment] shall be applied to the aggravated area (6 months to 2 years] (special aggravated person] of the aggravated area (6 months to 3 years):

2. The records are shown in the following circumstances and the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.

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