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(영문) 광주지방법원 2016.05.19 2016고단857
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2016, the Defendant: (a) around 22:00, at the D’s entertainment drinking point in the operation of the Victim C (M, 52) in South and North Korea; (b) there was a large amount of drinking value; and (c) there was a defect about to pay the drinking value; and (d) the victim C attached the Defendant.

Accordingly, whether the Defendant was a victim E (S) who continues to meet the victim C's face by exposing the victim's face one time by exposing the victim's face, making it difficult for the Defendant to take him/her, and making him/her look at the victim E (S) who continues to meet the victim's face.

" 고 하면서 발로 피해자 E의 배 부위를 차 계단에 넘어뜨리고 발로 피해자 E의 얼굴 부위를 2회 찼다.

As a result, the Defendant inflicted injury on the victim C and E, including the victim C and E, on the ground that there are no one in two open for two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the public prosecutor's office with regard to F;

1. Statement in each police statement protocol against C and E;

1. A criminal investigation report (two photographs submitted by a victim C shall be attached);

1. Ratifications (the photographs taken by police officers at the time of dispatch to the scene, the site, and the clothes of victims, etc.);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Injury (2 months to 1 year) in the mitigated area (2 months to 1 year) / 1 year] minor injury (1 and 4 type): The final sentencing scope due to the aggravation of multiple offenses: 2 months to 1 year and 6 months [Pronouncement Decision] in light of the details of the instant crime and the applicable law, etc., the crime is not good, and the victims did not recover damage, etc. are disadvantageous to the defendant.

On the other hand, there is no criminal history exceeding the fine, and the degree of injury of victims is not severe.

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