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(영문) 광주지방법원 순천지원 2015.05.06 2015고단136
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:40 on December 20, 2014, the Defendant, at the “Eju store” in the operation of the Victim D (A, 44 years of age), was in dispute with the victim due to the payment of the alcohol value, sent the victim’s face by leading him/her to the head debt of the victim by hand, leading him/her to the victim’s face by drinking him/her by hand, and she was in the middle of the victim F (A, 35 years of age, employees, etc.).

Accordingly, the Defendant inflicted an injury on the victim D, which requires approximately two weeks of medical treatment on the victim D, on the victim F, such as the “finites, tensions, etc.,” and on the victim F, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. A criminal investigation report (receipts, accompanying photographs), photographic, internal report (as to the attachment of CCTV TV images and to the closure photographs on the screen), and one CD;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommendations according to the sentencing criteria;

(a) Category 1 (General Bodily Inflicting) (Special Bodily Inflicting) (Aggravated Punishment): serious injury (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment): Reduction (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment): No history of criminal punishment (no history of decision on the recommended area and the scope of advisory punishment), six months to two years;

(b) Reduction element of Type 1 (General Bodily Harmon) (including serious efforts to recover damage) or considerable partial damage, in the event that there are particularly extenuating circumstances in the commission of a crime, the reduction element of a second crime (the determination of a type) (the determination of a sentence) (the determination of a victim D): No history of criminal punishment (the determination of a recommended area and the scope of recommendations); the special mitigation range; one month to one year;

(c)final;

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