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(영문) 광주지방법원 2016.06.29 2016고단1506

상해

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[criminal history] On June 13, 2013, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. (joint injury) in the Gwangju District Court on August 28, 2014, and was sentenced to six months for a violation of the Punishment of Violences, etc. (joint injury) at the Gwangju District Court on August 29, 2014, and the said judgment became final and conclusive on August 29, 2014, and the said suspended sentence was terminated on August 21, 2015.

[2] On April 1, 2016, at around 21:00, the Defendant, while under the influence of alcohol, took a bath to the victim E (60 years) in front of the instant mine area, and the damaged person took a bath to the victim E (60 years) on the road in Gwangju Mine-gu, Gwangju, and, due to a defect in the port, a shot, taken one stop on each side of the victim’s left side and a shot, and escaped once by drinking the victim’s right shoulder.

In addition, the victim followed the defendant, followed by the defect in the re-motor vehicle port, the victim's face was cut one time, and the victim's face was taken three times on two drinkings, and the victim's face was opened on the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E police statement (victim);

1. Photographs of victims;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to file a report on investigation (a)

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than 14 years;

2. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general injury (the scope of general injury) is minor injury (the period from February to one year) in the mitigation area (the period of special mitigation (the period of special mitigation)] or minor injury (including serious effort to recover damage) or considerable damage is recovered, or a repeated crime of the same kind is restored.

3. The records are shown in the following circumstances and the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.