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(영문) 광주지방법원 2019.09.19 2019고단2731
상해
Text

A defendant shall be punished by imprisonment for six 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

1. On February 14, 2014, the Defendant: (a) took a look at a victim C (the 54 years of age) who is his/her spouse under the influence of alcohol in a kitchen in the front-nam-gun, a kitchen around 14, 2014; and (b) took a look at the victim’s body while talking with the victim (the 54 years of age); (c) taken the victim’s neck, taken his/her face by hand, taken the victim’s head and shoulder up his/her body, and suffered injury to the victim for about three weeks.

2. At around 18:30 on June 10, 2019, the Defendant: (a) under the influence of alcohol in a large room located above the above residence, the Defendant saw that the said victim used the Defendant’s money with the Defendant’s mind; (b) held the victim’s face, entrance, neck, shoulder gate, etc. on drinking; and (c) the victim took part in the victim’s face face her part of the victim’s body going beyond the bed with the bed, and suffered injury, such as dump, tension, tension, etc., for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a report on internal investigation (attached to a report on internal investigation (attached to a report on internal investigation by a victim), report on internal investigation (Submission of a written diagnosis of a victim), and report on internal investigation (additional submission of a written diagnosis of a victim);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the confession of the accused and the mistake is against the accused; (b) the victim is agreed with the victim and the victim does not want to be punished; and (c) the accused does not have any previous record after the punishment of the fine was imposed in around 2002; (d) the degree of injury to the victim; and (e) the degree of injury to the accused as shown in the pleadings of the instant case, and other conditions of sentencing

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