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(영문) 광주지방법원 목포지원 2018.09.07 2018고단503
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On January 22, 2009, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a crime of violation of the Punishment of Violences, etc. (Composition of Organizations, etc.) at the Gwangju High Court on January 22, 2009. On December 24, 2013, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Punishment of Violences, etc. (joint assault) at the Gwangju District Court's Branch Branch Support, and on March 5, 2014, issued a summary order of KRW 1 million for an injury as a result of a crime of assault at the Gwangju District Court's Branch Support on March 5, 2014. On October 22, 2015, the Defendant was issued a summary order of KRW 2 million for a fine of KRW 9 million for a crime of assault at the Gwangju District Court's Branch Support on December 16, 2016.

[2] On March 16, 2017, the Defendant: (a) around 01:00, at the front of the “C convenience store” in Franpo City B; (b) while a victim E (41) was spawned by Franchiscing the Defendant’s franchiscing, the Defendant got the victim’s face to be exceeded the floor by taking the Defendant’s franchiscing the Defendant’s franchiscing and booming the Defendant’s hand; and (c) in drinking, the Defendant got the victim’s face to be exceeded twice.

As a result, the defendant suffered injury to the victim, such as the upper half alley in need of medical treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A medical certificate;

1. Records of the judgment: Investigation into criminal records, report on internal investigation (Attachment to a report on the organization of a set-off, personal management card, behavior order, etc.), report on internal investigation (Attachment to a written judgment on some criminal records of a suspected suspect), application of Acts and subordinate statutes to report criminal records (verification of criminal records of a suspect in the past);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection and the community service order.

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