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(영문) 수원지방법원 여주지원 2017.08.08 2017고단483

상해

Text

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

Reasons

Punishment of the crime

[criminal records] After the Defendant was sentenced to a stay of execution for four months on December 18, 2013 by imprisonment with prison labor for an injury at the Suwon Franchi, etc., the Defendant was sentenced to a stay of execution on April 29, 2015, and on January 5, 2016, the same court was sentenced to six months of imprisonment with prison labor for an injury, etc. on April 29, 2015, and the judgment became final and conclusive on January 5, 2016, the sentence of the said stay of execution became void and terminated on May 14, 2016. On October 27, 2016, the same court was sentenced to six months of imprisonment with prison labor or six months of imprisonment with prison labor and became final and conclusive on April 10, 2017.

[2] The Defendant stated that the victim D(46 years of age) did not do an internal movement to himself/herself in a female prison C, which was located in 107, Nam Eupn-ro, Nam-ro, Nam Eupn-ro, Nam-ro, 11:00 on March 27, 2017.

or may be off or off of clothes.

On the ground that he continuously interfered with the victim's face by making it more than twice a week, and the victim was injured by the number of days of treatment, such as the escape of an unclaimed baby.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. Medical certificates and records of obligations of prisoners;

1. Previous convictions: Inquiries about criminal history data and applying Acts and subordinate statutes to investigation reports (reports on confirmation, such as the same type of force and whether a repeated crime is committed);

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

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act in handling concurrent crimes: Provided, That the grounds for sentencing under the former part of Article 39 (1);

1. The scope of punishment: Imprisonment with prison labor for one month or for fourteen years;

2. The scope of sentences recommended on the sentencing criteria [the scope of recommendations] general injury (the scope of general injury) and the aggravated area (six months to two years) (the person subject to special aggravated punishment] of the same kind;

3. There is a reason to consider the equity in the case of sentencing simultaneously with the injury crime, etc. for which judgment became final and conclusive on April 10, 2017.

However, the defendant is bound by the crime of injury during the same period of repeated crime.