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(영문) 광주지방법원 2016.04.27 2016고단415
상해
Text

The sentence against the accused shall be five million won or more.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On January 16, 2016, the Defendant drinked the Victim E (V, 18 years of age) who had returned from around 07:00 around 07:0 to around 1 year prior to the date in Gwangju Northern-gu, Gwangju, about 18 years of age, and “Is other women’s only”.

“On the ground that the victim’s face was taken six times by drinking on the left-hand side of the victim’s face, taken 2-3 times by shot, taken the body of the victim’s body in good faith, taken the victim’s timber to keep out of the place, and 5-6 seconds for approximately five-6 seconds, etc., where the number of days of treatment cannot be known to the victim.

The facts charged of the instant case assaulted the victim as above and boomed the victim with the impairment of the character of the head and other parts of the head requiring approximately two weeks of treatment, typology, the following arms, and the uncertainty of the world.

“ Inasmuch as there is no evidence to acknowledge the parts indicated in the Doombook or in the Doombook, only the revised facts constituting the crime are recognized.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol with respect to E;

1. The legal counsel and the defendant denied the fact that he/she has inflicted an injury while recognizing the fact of assault against the victim.

However, according to a photograph taken by a police officer from the victim's body with the statement made by the defendant and E in the police and with the victim's permission, it is sufficiently recognized that the defendant assaulted the victim and inflicted the injury such as the above crime.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, shall be determined by taking into account the following circumstances:

Unfavorable circumstances: A sentence of suspension of execution is imposed on the same kind of crime.

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