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(영문) 창원지방법원 밀양지원 2017.09.21 2017고단363

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On December 5, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court on the grounds of a violation of the Punishment of Violences, etc. Act, and completed the execution of the sentence in Busan Correctional Institution on October 20, 2015

[ criminal facts] The Defendant, within the D restaurant located in Syang-si on April 5, 2017, around 01:40, and before being driven by the victim E (42) in F-si operated by the victim E (42) before, in relation to the part where the dispute occurred due to tobacco, which is a kind of tobacco for the victim and the defendant, the victim “G and appraisal.”

In spite of “H” and decoration, on the ground that: (a) the victim she sawed to her soften (G), she her softened to drink, drinked to drink, and expressed her desire to do so; (b) the victim her face was taken several times by assaulting the victim’s left side by going beyond 3 to 4 times on the floor; and (c) the victim suffered injury, such as the victim’s 7, 8th head of the left side of the road where treatment for about 35 days is required, and the victim was her faceed by assaulting the victim, such as going beyond 3 to 3-4 times on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and E;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the fact that the suspect is in the period of repeated crime and previous convictions of the same kind);

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] general injury [the person who has been subject to special mitigation] [the person who has been subject to special mitigation] or considerable damage has been restored to the area of mitigation (including efforts to recover damage], / The degree of injury to the victim of the same repeated crime [determination of sentence] is not less exceptionally provided; / The crime committed during the period of repeated crime for the same crime, which has already been committed during the period of repeated crime, led to the crime of this case again even if he had already committed the same crime, and had the record of being punished several times for the same crime.