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(영문) 광주지방법원 해남지원 2016.03.10 2016고단3
상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 22, 2015, the Defendant: (a) sees the horses that “the Defendant shall not make a half of the Victim F (37 Does) and the Victim F (37 Does) who were flicked in E restaurant located in the Southernnam-gun of the Republic of Korea on October 22, 2015; and (b) flick out of the restaurant that “the Defendant shall not make a half of the Victim.”

On the other hand, the victim took the victim out of the above restaurant, and pushed the victim's breath, pushed the bat, pushed the victim's face four times in drinking, walk the victim's face five times in the victim's face due to the victim's bat, and the victim's face was 5 times in drinking again.

The defendant continued to leave the scene from the victim G (W, 37 years old) who is the driver of the above F, and caused the victim's left shoulder and body to be taken by drinking.

Accordingly, the Defendant, upon considering the victims as above, inflicted injury on the victim F, such as the franchising of franchis that need to be treated for about six weeks, and imposed on the victim G about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police with regard to F;

1. Partial statements made to H in the police statement protocol;

1. Each written diagnosis;

1. G left shoulder photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

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 Criminal Act on the suspended execution;

1. The crime of this case was committed before the final judgment of November 20, 2015, which became final and conclusive, under Article 62-2 of the Criminal Act of the Social Service Order [the crime of this case was committed, but it was time before the final and conclusive judgment of November 20, 2015, but the crime of this case was not judged concurrently with the crime of extortion for which the said judgment became final and conclusive, so the latter part of Article 37 of the Criminal Act is not subject to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012).]

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