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(영문) 광주지방법원 2013.11.27 2013고단5104
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2013 Highest 5104] On September 4, 2013, the Defendant expressed the victim’s face at around 20:40, the victim C (the 23-year-old father D) expressed the victim’s desire to be “the opening, mos, mos, and all family members are replaced by fraud” without being refunded the deposit, equipment value, etc. from the above D in front of the “E” operated by the father D. Around September 4, 2013, the Defendant brought the victim’s injury, such as “the opening, mos, mos, and mos, and mos, all of his family members,” and the victim’s face at least five times in each drinking, and the victim suffered injury, such as “the head of the e-mail and

[2013 Highest 5267]

1. Around 20:00 on August 5, 2013, the Defendant driven FObba while under the influence of alcohol content of about 0.107% at the section of approximately 1.8 km from Nam-gu, Nam-gu, Gwangju to E in the Southern-gu, Nam-gu, Gwangju.

2. On August 5, 2013, at around 21:10, the Defendant interfered with the business, on the ground that he was unable to receive the full deposit, etc. from the victim E prior to the instant case operated by the victim D, the Defendant took a bath with the larger voice called “Domine fla, Madro, Madro, Madro, Madro,” and interfered with the victim’s Kabta business by force for about 30 minutes by having the customers who repair the vehicle at the place where the vehicle was repaired.

Summary of Evidence

[2013 Highest 5104]

1. Defendant's legal statement;

1. C’s statement;

1. A written diagnosis of injury (2013 highest 5267);

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to report the results of an investigation and automatic calculing;

1. Relevant statutory provisions of Article 257 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 314 (1) of the Criminal Act, the choice of imprisonment for a crime, each of which shall be sentenced to imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant does not reach an agreement with the victims.

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