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(영문) 부산지방법원 2013.10.25 2013고합628

상해

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Busan District Court, and completed the execution of the sentence at the Busan Detention Center on February 5, 2011.

【Criminal Facts】

On June 6, 2013, at around 00:30, the Defendant: (a) taken the victim’s neck from the stairs of “Voman shop” located in the Northern region of Busan, on the ground that the victim H (37 years of age) was under the influence of alcohol within the said singing point, and brought the victim’s neck out of the said sing point; (b) taken the victim’s neck, was pushed down, pushed down, pushed down, pushed down the bat, cut down the body of the victim with his hand and bat, and continuously led the victim out of the building; (c) taken the victim’s face and body by taking the victim’s neck and body from the front of the building; and (d) taken the victim’s face and body back to the front part of the treatment days and the left part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Investigation reports and investigation reports;

1. 112 reported case handling table;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the date on which a suspect was released from A, etc.);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act from among repeated offenders [the scope of applicable sentences] 14 years or less (the determination of a sentence ] domestic violence crime, general injury, type 1 (general injury): - mitigated factors of the same repeated crime: In addition, minor injury, indivating factors: Indivating factors - Indivating factors of the same repeated crime: Indivating factors: Indivating factors: minor injury, indivating factors (less than 10 years after the completion of enforcement) - Indivating factors of the same sentence (less than 10 years after the completion of enforcement): serious half [the scope of recommending punishment] from 2 months to 1 year [the sentence sentence] sentenced to imprisonment with prison labor]. The crime of this case in March is committed by the defendant by assaulting the body of the victim due to drinking and birth, and in light of the method and contents of the crime, etc., it is not appropriate that the crime is not sufficient to have