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Reasons
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(영문) 광주지방법원 목포지원 2020.07.24 2019고단1279
상해
Text

A defendant shall be punished by imprisonment for one year.

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 March 3, 2019, at around 02:50, the Defendant walked along a route with pro-fous D in the front door of the Youngnam-gun B apartment Cdong, and talked with the Defendant. Around 02:50 on March 3, 2019, the Defendant listened from the victim E (the age of 42) who was under the influence of alcohol and was in the influence of alcohol to the finb, and fincing off the back part of the victim at one time, and continuously walked the back part of the victim’s back to the floor of the finc, the Defendant fincing the body of the said D, which the victim fined into two arms, and fincing the victim’s shoulder and face, and fincing the victim’s shoulder and face, which requires approximately 8 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. Statement of the police statement of E;

1. Each medical certificate (E) and investigation report (verification of treatment period for victims E);

1. Investigation Report (Re-Analysis of the CCTV images) - Application of the Acts and subordinate statutes that cut off CCTV images;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, probation, community service, 80 hours;

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