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(영문) 광주지방법원 2015.09.17 2015고단1809
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On March 11, 2015, the Defendant: (a) around 23:00, at the 1st floor of the building in Nam-gu, Nam-gu, the Defendant: (b) around 23:00, and (c) around 101 of the said studio 101, carried out the victim with drinking d (ma, 48 years old) and drinking alcohol; (b) laid off the victim, and frightened the breath; and (c) caused the victim to face head on the substitute floor.

As a result, the Defendant committed a “closed ductal aggregate,” which requires approximately four weeks of treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the prosecutor's protocol of examination of the accused;

1. Statement made by the police suspect interrogation protocol (including substitute part) of D;

1. Statement of the police statement regarding E;

1. Each investigation report and internal investigation report;

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

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. The Defendant’s crime of this case for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act was committed on the part of the victim, resulting in injury to the victim and resulting in injury requiring four weeks’ medical treatment, which may lead to an important part that may lead to a significant consequence. In addition, in light of the circumstances such as the fact that the victim still complained of an inconvenience even after being hospitalized for about 20 days (special siblings) and other circumstances, it is inevitable to punish the victim accordingly.

However, on August 28, 2015, the date of the prosecution of this case, the defendant deposited 3 million won as the victim on August 28, 2015, with the victim as the victim, and the defendant did not have the same criminal power as the victim, as well as other circumstances, comprehensively considering the defendant's age, character and behavior, environment, etc., the punishment is determined as ordered within the scope of four months through one year and six months (the basic area of category 1 (general injury among general injuries to the violent crime group) under the sentencing guidelines.

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