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(영문) 광주지방법원 목포지원 2017.06.09 2017고단390
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

On October 27, 2016, the Defendant, at the D mechanical room located in Jindo-gun C around 18:0 on October 27, 2016, suffered bodily injury, such as cutting the victim’s chest part by his/her son while taking the bath to the Defendant, pushed the victim’s chest part by his/her son, cutting the victim’s face one time with her head while taking the body fighting with the victim, and cutting the victim’s face into drinking face for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of Acts and subordinate statutes (Evidence Nos. 3)

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The grounds for sentencing under Articles 32(1) and 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is not clear) are considered as follows: (a) the Defendant again committed the instant crime despite having been punished several times as a crime related to violence; (b) the degree of injury of the victim is not less than that of the victim; and (c) the Defendant is unable to receive a letter from the victim until now; (d) the Defendant appears to recognize and reflect the instant crime; (c) the Defendant committed contingent crimes; (d) there are some errors by the victim in the course of the instant crime; (e) the Defendant was injured by the victim from the victim of India during the instant crime; and (e) the fact that the Defendant deposited some money (1.5 million won) during the instant trial.

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