beta
(영문) 대구지방법원 2016.12.13 2016고단5383

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor, etc. at the Daegu District Court on May 22, 2012, and on August 22, 2014, the Daegu District Court sentenced 10 months of imprisonment with prison labor and completed the execution of the sentence.

1. At around 02:00 on November 16, 2015, the Defendant: (a) inflicted injury on the victim C, a woman living together with B apartment No. 104, Dong 104, Dong 104, on the part of the Defendant, on the part of the victim, on the ground that the victim neglected himself/herself; (b) 3 to 4 times the victim’s chest part of the victim’s chest due to drinking on the ground that the victim neglected himself/herself; and (c) 4 weeks the victim’s chest part of the victim’s breast part of the victim’s chest due to his/her neglect.

2. At around 20:00 on February 14, 2016, the Defendant: (a) stated that “the victim shall die and fire” on the same ground as above; (b) was sealed by both hand by breaking the head of the victim’s hair; and (c) when the victim’s face is taken by drinking, the Defendant conducted diagnosis on the victim’s brain satis, satis, satis, satis, satis, satis, satis, satis, satis, satis, satis, and satis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of violence, and a report on internal investigation (in relation to attachment of photographs for damage, such as on-site exit and movement conditions);

1. Previous records of judgment: Application of inquiries into criminal records, etc., investigation reports (the judgment of the same kind of violence case and attachment of summary order), inquiry, investigation inquiry, previous records of disposition, and report on results of confirmation (3 cases);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing guidelines - the scope of offenses - the general injury area of Type 1 (the scope of recommendations) (the scope of general injury) (6 months to 2 years) (special mitigation). The victim who is vulnerable to the crime, the victim who is vulnerable to the same type of repeated crime, the victim - the victim of the same type of repeated crime - the second crime [the scope of recommendations] shall be the aggravated area (6 months to 2 years).