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(영문) 광주지방법원 2016.03.03 2015고단5227
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2015, at around 17:09, the Defendant: (a) inflicted injury on the victim F (54 years of age) and trial expenses, which was the ship’s front of the E-cafeteria in Gwangju Mine-gu, known to ordinary people; and (b) caused the victim’s face by drinking, the victim facing the back head on the floor while going beyond the floor; and (c) caused the victim’s back head to the floor, and caused the victim’s injury, such as “the blood under the chronic spulph of the chronic spuls with no head open.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the accused in F and G among the suspect interrogation records by the prosecution;

1. Statement made by the police with regard to F;

1. Investigation report (to search for shots, H, I, and J warden's statement hearing and treatment statement attached);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Injury (six months to two years) [Special Aggravation] / [Determination of sentence] The Defendant was the first offender, the victim was receiving 2.5 million won from the Defendant, but the victim was under agreement to pay 2.5 million won from the Defendant, which led to the accusation as a result of the occurrence of a sudden disorder, and all other circumstances, including the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the argument of this case, shall be determined as per the disposition of the order.

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