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(영문) 광주지방법원 2020.08.19 2020고단2058
상해
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 April 14, 2020, at around 21:50, the Defendant: (a) heard the answer that the victim was in the past at the main point of the operation of the Victim C (Y, 59 years of age) in Gwangju North-gu, Gwangju-gu; (b) heard the victim’s face and breast part of the victim several times; and (c) took off the victim’s bridge with his hand, and walking the victim’s bridge that requires approximately four weeks of medical treatment; and (d) inflicted injury on the victim, such as a fatus, including a fatus.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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 of the community service order;

1. The 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], April through June.

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence; and

4. The degree of injury of the victim on the grounds of sentencing is relatively heavy, and the fact that it is not agreed with the victim is disadvantageous.

However, the sentencing conditions, such as the defendant's confession, the fact that there is no record of punishment for the same kind of crime, there is no record of criminal punishment exceeding the fine, and the age, character and conduct, environment, etc. of the defendant, shall be determined as stated in the order.

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