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(영문) 광주지방법원 2019.01.10 2018고단3047
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 16, 2018, at around 14:00, the Defendant: (a) while driving another vehicle on the road near Seo-gu, Seo-gu, Gwangju (69 years of age) around 14:0, the victim D (the 69 years of age) who driven another vehicle on the road in Seo-gu, Seo-gu, Gwangju; (b) caused the victim D’s bage to live, and (c) caused the face to go over three times

As a result, the Defendant inflicted injury on the victim D, such as the victim’s alley-laduling of the upper frame that requires approximately 6 weeks of medical treatment, the closure of the upper frame, the inner and floor-laduling of the upper frame, and the laduling of the external ladrosis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. The police statement concerning F;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes of each photograph (No. 11,18,19)

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only the victim of the aged but also the victim was suffering from serious injuries, such as cerebral cerebral ties, while the victim who has lost balance with the defendant's her her sensacy while faced with his her head at the boundary of India, is disadvantageous to the defendant.

However, it appears that the defendant has no record of criminal punishment other than the fine imposed due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the first attack committed by the defendant and the other party among the defendant and the victim appears to be the victim, and the defendant submitted a written agreement with the victim on January 9, 2019, which does not want the punishment of the defendant to this court on January 9, 2019

In addition to the above circumstances, the sentencing conditions specified in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as per the disposition.

Public Prosecution Rejection Parts

1. Summary of this part of the facts charged

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