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(영문) 광주지방법원 2017.07.07 2017고단1745
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 5, 2017, at around 19:05, the Defendant, while drinking alcohol, such as the Victim E (53) in the “D” restaurant operated in Gwangju-gu, Nam-gu, Gwangju-gu, the Defendant: (a) listened to the suffering of the damage; (b) Having the urine, which is a dangerous object on the table; and (c) putting the head part of the victim’s head on one occasion; and (d) laid the victim’s head part on one occasion, caused the number of days of treatment to the victim.

2. The Defendant damaged property at the above temporary location, dumping the tables, which had been drinking for the foregoing reasons, into a lower level, and damaged the market price, such as the tebble, gry, glass, and misunderstanding, owned by the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of each police statement made by the victims;

1. Application of statutes on images of on-site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2, 257 (1) (a point of special injury) of the Criminal Act and Article 366 of the Criminal Act (a point of damage to property and a reverse choice of punishment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is very poor in view of the background of the crime, method of injury, and degree of damage.

The defendant has a total of six criminal records, including four criminal records of violence.

However, both criminal records are fine and the defendant agreed with the victims.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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