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(영문) 광주지방법원 장흥지원 2015.09.10 2015고단120
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant tried to find the house of the victim C in Jinnam-gun D to warn the victim C(58) who is a neighboring land on the ground that the victim C(58 years old) takes a common bath.

Around 14:40 on June 18, 2015, the Defendant sound the gate in front of the above gate, but the victim E (the 62 years of age) who is the denial of the victim C did not open the said gate in good hands and did not open the said gate, and made the victim E face the left side of the victim E by keeping the said gate in good hand.

The Defendant continued to open a gate as above and set up a gate, and booms the shoulder part of the victim C, and avoided this, and led the victim C, who escaped out of the house, to have the head and the leg part of the victim's head and the bridged.

As a result, the Defendant suffered injury to the victim E, such as “satisf and tension on the part of the fingers,” which requires approximately 12 weeks of medical treatment, and “absat of the bones of the fingers in need of medical treatment,” respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each injury diagnosis letter;

1. Application of the CD duplicate statute

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The scope of the final sentence due to the aggravation of the execution of the punishment of Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing as follows) and the reason for the sentencing of Article 62(1) of the Criminal Act (the term of recommendation) is the second crime (the scope of recommendation), which has no basic area (4 to one year and six months) [4 months] (the scope of recommendation), the basic area (4 to one year and six months), and no basic area (4 to one year and six months): The extent of the injury suffered by the victims during April to three months (the decision of sentence): However, although the degree of the injury suffered by the victims is not minor, the defendant is led to the confession of the instant crime and the defendant.

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