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(영문) 광주지방법원 순천지원 2015.06.12 2015고단42

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2012, the Defendant was sentenced to eight months of imprisonment for bodily injury in the Gwangju District Court’s Macheon Branch on April 23, 2013, and completed the execution of the sentence in the prison for interest.

【Criminal Facts】

On November 1, 2013, at around 22:20, the Defendant: (a) listened to the bus platform in front of the Ddong-si, Ddong-si, Ddong-si, Ddong-si, Ddong-si, having a horse to change the credit level from E (here, 62 years of age), and then her clothes from one time to one part of the victim, and then her the victim’s face, etc. was her opening room for two weeks when the victim’s face, etc. is taken over.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of the upper part of the body;

1. A medical certificate;

1. Previous records: Application of the Acts and subordinate statutes concerning inquiry reports, such as criminal records, and personal identification and confinement status;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] general injury (the scope of recommending punishment) is the basic area (the period from April to June), the basic area (the period from January to June), the minor injury (the period from special mitigation) / the case of the same repeated crime (the period of sentence) / April, the case where the defendant reflects the crime of this case is favorable to the defendant.

However, the defendant injured the victim for a minor reason, and the victim is punished against the defendant.

In addition, the defendant has committed the same type of bodily injury crime even though it has not completed the execution of imprisonment due to the same type of injury, and it has committed the same type of bodily injury crime.

Considering this point, the defendant is subject to punishment corresponding thereto, so it is decided as per Disposition within the scope of sentencing guidelines.