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(영문) 광주지방법원 2015.07.09 2015고단1218
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On December 31, 2014, at around 00:30, the Defendant: (a) went to a toilet on the part of the victim D (the 53 years old) in the North-gu, Gwangju, North-gu, and the first floor; (b) on the part of the victim, the Defendant went to a toilet on the part of the victim, on the ground that the victim would lose his/her will while drinking to the customer; and (c) he/she went to a toilet on the part of the victim; and (d) went to the outside of the room after getting out of the victim's shoulder.

이후 피고인은 가게 앞 도로에서 피해자에게 붙잡히게 되자, 피해자를 뿌리치며 주먹으로 피해자의 뺨을 2회 때려 넘어뜨린 후 발로 피해자의 옆구리를 수 회 걷어찼다.

As a result, the defendant was suffering from the 6th left-hand side of the 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include four times the period of punishment of a fine imposed by a defendant due to the same kind of violent crime, and on January 16, 2015, after the crime of this case, the victim was found to have been under his/her own will on the ground that he/she was not subject to his/her own negligence, and thus, he/she cannot be deemed to have been under his/her own fault by force, such as interfering with the victim's duties by avoiding disturbance by force, and thus, he/she does not seem to have been under his/her own fault. No recovery of damage was made and the victim did not want to be under his/her strict punishment, and all of the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after

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