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(영문) 대구지방법원 서부지원 2019.01.23 2018고단2364

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 19, 2018, the Defendant was sentenced to five years for attempted murder at the Daegu District Court, and was in the enforcement of the sentence in the Daegu Prison. On August 30, 2018, the Defendant was sentenced to five years for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (similar act to a disabled person) in the Western District Court’s branch branch, and is currently in the trial of the appellate court.

On July 13, 2018, around 20:20, the Defendant was suffering from the 4th floor of the Daegu prison located in the Yan-si, Yan-gu, Daegu-gun, Yaero 2624, on the ground that the victim C(the age of 46) was changed, and was in a dispute with the victim, and laid down three times the head part of the victim by gathering plastic garbage in a breath hand, and laid down two weeks of the victim's head part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, and E;

1. Report on investigation, investigation report (legal records and diagnosis report);

1. Previous records: Application of Acts and subordinate statutes to investigation into criminal records, investigation reports (report accompanied by a written judgment), investigation reports (written indictment and confirmation of the progress of trials);

1. Article 257(1) of the Criminal Act of the relevant criminal facts, and Article 257(1) of the Criminal Act of the Defendant’s reason for sentencing choice of imprisonment is the factor for sentencing favorable to the Defendant.

However, in light of the factors of sentencing unfavorable to the defendant, such as the fact that the defendant repeatedly commits a crime even though he/she was under execution of punishment due to murder, the victim wants to punish the defendant, and the defendant has a record of being punished for violent crimes, it is inevitable to sentence imprisonment with prison labor for the defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, and all the circumstances constituting the conditions for the punishment as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.