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(영문) 광주지방법원 장흥지원 2014.01.23 2013고단218

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 14, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of bodily injury in the Gwangju District Court's Seoul District Court's Seoul District Court's support on February 14, 2013, and completed the execution of the sentence in the Sejong Prison.

On August 31, 2013, at around 21:45, the Defendant assaulted the victim’s face at D restaurant located in Heungnam-gun, Seoul, on the ground that the victim E (at the age of 50) who used the drinking place together intends not to have a singing, and then was sealed on the wall by the victim’s hand, and continuously requested the victim to sing together with the victim at the entrance of the above restaurant and the stairs of the first floor, but at the same time, the victim was refused to do so, and the victim’s face was fleeped twice by drinking, and the victim’s flick of the excessive victim’s flick, walked the victim’s flick on about 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A written diagnosis of injury to E;

1. A CD on Dcafeteria ct v video data at the scene of an offense;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments, and personal identification and confinement;

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

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

1. Scope of recommending punishment based on the sentencing criteria: Minor injury, and person who is not subject to a special punishment: Imprisonment with prison labor for two months to one year;

2. Determination of sentence: A reasonable circumstance should be taken into consideration such as the fact that the defendant in April of imprisonment committed a crime and reflects the wrongness, the circumstances leading up to the crime are contingent, the injury of the victim is relatively minor, and the agreement with the victim.

However, even before the instant case, the Defendant had already been punished for the same kind of crime more than ten times, and the record of the suspension of the execution of imprisonment or the sentence of imprisonment among them has also been punished several times, and in particular, in 2013, this Court is an injury crime.