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(영문) 광주지방법원 2013.09.11 2013고단3223
폭력행위등처벌에관한법률위반(상습상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 31, 2008, the Defendant was sentenced to a fine of KRW 1 million for the crime of injury at the Gwangju District Court, and a fine of KRW 2 million for the same crime at the same court on February 11, 201, and on November 19, 2010, the Defendant was charged over 13 times for the same crime, such as violation of the Punishment of Violences, etc. Act (on-time joint injury), except for the case where the Defendant was sentenced to a summary order of KRW 1 million for the same crime at the same court on November 19, 2010.

On June 5, 2013, at around 12:28, the Defendant: (a) expressed, without any justifiable reason, the victim E (the 71-year old-old-old-age-age-age-age-age-age-age-age-age-related-age-related-age-related-age-related-age-related-age-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related

Accordingly, the defendant habitually injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A written diagnosis of injury;

1. Photographs;

1. A statement on criminal records, etc.;

1. Each judgment, records of non-prosecution cases, written decision on non-prosecution, and summary order;

1. Habituality of the judgment: In full view of the fact that each crime force in the judgment was committed frequently with others than the defendant, the habit of injury is recognized. Application of the law shall apply;

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that there is no criminal record exceeding the recent fine, the victim does not suffer a significant injury, and the fact that the defendant seems to be against his/her own mistake, etc.);

1. The Criminal Act, the suspension of execution;

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