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(영문) 부산지방법원 2013.06.12 2013고단1811

상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 14, 2007, the Defendant was sentenced to three years of imprisonment with prison labor due to an injury at the Seoul Central District Court on April 2, 2010 and completed the execution of the sentence in the Jinju Prison on April 2, 2010.

On March 22, 2013, at around 23:40, the Defendant requested the victim C to take tobacco from the subway gravel station No. 1 of the subway station located in Seo-gu, Busan, Seo-gu, Busan. However, the victim saw that there is no tobacco, and the victim gets off the victim's right by her hand with the hand floor that "no tobacco exists....................... the Defendant intending to kill the Defendant’s breath, she slicking the breath of the victim. When the victim’s face can be seen as drinking, the Defendant also sleeped the victim’s breath of the breath, and caused the victim’s breath and the injury that the victim breath of the breath of the breath

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Photographs of the part of the upper part of the victim C;

1. Previous convictions indicated in the judgment: Application of inquiry reports on criminal records, etc., investigation reports (A confirmation of the expiration date of the term of punishment for A, and attachment of written judgments);

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Areas, the scope of which is aggravated by general injury, according to the sentencing guidelines: Six months to two years;

2. Two years of imprisonment with prison labor for a decision of sentence: Various sentencing conditions recorded in the records of the instant case, such as that there is no serious reflectivity, repeated crimes, the records of punishment more than 20 times for the same kind of crime, other acts of disturbing correctional order three times, the age, character and conduct, health conditions, home environment, motive, means, results, and circumstances after the crime;