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(영문) 수원지방법원 평택지원 2014.07.24 2014고단525

상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On September 13, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for assault, etc. in the Seosan Branch of the Daejeon District Court on September 13, 2012, and completed the execution of the sentence in the official prison on May 3, 2013.

【Criminal Facts】

At around 22:50 on January 23, 2014, the Defendant: (a) 22:50, while drinking alcohol in Pyeongtaek-si C, she walked twice the number of the victim’s back to the floor on the ground that the victim’s instant E (the age of 58) flabscates and conflicts with the victim; (b) she satizes the victim’s flab and flabs, while she sated the victim’s balp and flabsc, she first endeded the victim’s flab with the victim; and (c) taken the victim’s left side flabscing that requires approximately 8 weeks of treatment, and led the victim to the closure, reproduction, etc. of a flab

Summary of Evidence

1. Legal statement of witness E and F;

1. Part concerning the statement of E and F in the police interrogation protocol against the defendant

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. A medical certificate;

1. Previous convictions: Criminal records, investigation reports (recognating repeated offenses, reporting on the results of confirmation of dispositions and dispositions before and after failure), judgment, and application of Acts and subordinate statutes to the current status of confinement and confinement

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

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has reached 28 times the criminal records of violence-related crimes. Among them, four times the punishment was imposed, and the punishment was imposed, as stated in the reasoning of the judgment, and even though the crime was committed while the victim was committed with serious injury requiring eight weeks medical treatment, it was not well-founded even though it was committed, and there was no effort to recover the damage of the victim. Therefore, there is a need for sentence corresponding thereto.

On the other hand, when determining the punishment, the sentencing factors and the attitude of the defendant against his own will appear, and the victim is the head of dub with the defendant.