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(영문) 서울동부지방법원 2018.07.19 2018고단1736

상해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal record] On September 24, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Daegu District Court on March 13, 2015, and completed the execution of the sentence at Daegu Prison on March 13, 2015. On April 20, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for interference with special official duties at the Seoul Northern District Court and the judgment became final and conclusive on October 13, 2017.

[Criminal facts] Defendant 10:00 on September 25, 2017, he/she did not show this show to the victim C (27 years of age) in the ward in the Dongdong House B located in Songpa-gu Seoul, Seoul, Dongdong House B located in 37 as Songpa-gu, Songpa-gu, Seoul.

On the ground of the fact that he sawd the victim two times with her scam, and scambling the victim's vegetables that require treatment for about 14 days for the victim by scaming the baby once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on an investigation (the determination of disciplinary action, the register of execution of disciplinary action), and a report on an investigation (the degree of injury to a victim);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on the confirmation of crimes during the period of a suspect, repeated crime, and crime committed before judgment becomes final

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. In full view of the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the following circumstances and other conditions of the sentencing indicated in the records, the sentence shall be determined as ordered.

The crime of this case committed within a detention house during the period of repeated crime is inconsistent with the nature of the crime of this case that is committed in a detention house, the degree of damage to the victim is not significant, the obstruction of special execution of official duties for which judgment has become final and conclusive, and the equality with the case that judgment