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(영문) 광주지방법원 목포지원 2018.06.11 2017고단1023
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 29, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for special larceny, etc. in the Gwangju District Court’s Branch Branch on April 2, 2014. On February 10, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny and the judgment became final and conclusive on July 17, 2017.

[2] On October 12, 2015, on the ground that the Defendant was unable to abolish on the ground of the fact that it was difficult for the Defendant to d to comply with the fact that she was faced with the Defendant’s main debt with D in order to comply with the fact that she was faced with the Defendant’s industrial railway bridge located in the Republic of Korea, Chungcheongnam-gun, Nam-gun, Nam-gun, Nam-gun, the Nam-gun, the Republic of Korea: (a) she was able to take the victim’s head debt with D; (b) she was able to take the victim’s face at one’s own hand; (c) she was extracted from the Defendant’s arms, legs, etc. (around 1m).

As a result, the defendant, together with D, injured the victim about six weeks of treatment, such as the depth of the water on the right side in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the investigation (Attachment of a medical certificate) and a medical certificate;

1. Previous convictions: Application of the results of inquiry, such as criminal history, investigation reports (Attachment to criminal suspect A-related judgments, etc.), investigation reports (Report on the date of release from the military court), investigation reports (A), previous convictions and results confirmations, and reporting statutes;

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: The circumstances unfavorable to the sentencing of Article 39(1) are not good in light of the Defendant’s background and method of the instant crime; the victim’s injury was serious; the instant crime constitutes a repeated offense; the circumstances favorable to the Defendant’s failure to agree with the victim: (a) the Defendant’s mistake was against the Defendant; and (b) the instant crime was finalized on July 17, 2017.

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