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(영문) 광주지방법원 2018.08.14 2018고단2131
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From October 2015, the Defendant had been living together with the victim B (V, 51 years of age) from around October 2015.

1. On July 12, 2016, the Defendant: (a) around 21:00 on July 12, 2016, at the above restaurant, there was a conflict of interest with the victim as a matter of money; (b) made several times of the victim’s face face; and (c) caused injury to the victim, i.e., in which the victim’s platform was frighted for approximately 14 days and there was no two wounds for treatment.

2. On July 19, 2016, around 21:00, the Defendant brought an injury to the victim, such as a sprinking sprink and bucks, which require treatment between the victim’s sprink and 14 days on the left-hand sprink for the said reason at the above location.

3. On April 20, 2018, at around 12:10 on April 20, 2018, the Defendant: (a) collected cryp of plastic materials with the victim’s own goods at the same place as indicated in paragraph (1); and (b) collected cryp of the victim’s head by gathering cryp of defective plastic materials; and (c) caused injury to the victim, such as a sypyp, where there is no two parts of the victim’s face, which require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment. Article 257 (1) of the Criminal Act

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

1. Article 62 (1) of the Act on Suspension of Execution (the fact that the defendant recognizes the crime of this case and reflects his mistake, the fact that the injured person does not want the punishment of the defendant in agreement with the injured party, and that there is no record of punishment exceeding the fine, etc.);

1. Crimes No. 1 of the grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc.

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