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(영문) 광주지방법원 순천지원 2019.07.04 2019고합18
특수상해등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On May 29, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) around 17:50 on May 29, 2018, at D main points operated by the Victim C (FF, 57 years of age) located in B, and on May 28, 2018, the victim reported the Defendant’s assault, e.g., “at any time and width,” and “at any time and width,” and the victim’s head was taken one time by drinking.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams in relation to the investigation of his criminal case.

2. Around October 22, 2018, the Defendant suffered an injury by special injury: (a) while drinking with C at a place specified in paragraph (1) around 23:15, the Defendant suffered an injury to a beer, which was a thing dangerous to the head of the victim E (the age of 67) who was drinking together with C, and suffered an injury to the victim, such as a beer, which requires approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of E and C;

1. Details of reports filed by the victims;

1. On-site photographs;

1. A medical certificate;

1. Application of the summary order statutes to the Gwangju District Court 2018 High Court 5151

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of adding up the long-term punishment of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination on the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act regarding probation and community service order

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

A. On May 29, 2018, the Defendant visited the main points operated by C in order to resisting that C falsely reported to the police as assault and damage to property on May 28, 2018.

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