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(영문) 의정부지방법원 2018.06.15 2018고단1144

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On February 12, 2015, the Defendant was sentenced to three months of imprisonment for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and on May 10, 2016, the Defendant was sentenced to four months of imprisonment for a crime of habitual assault at the same court on May 10, 2016, and on September 22, 2016, the Seoul High Court was sentenced to eight months of imprisonment for a violation of the Act on Protection of Children and Juveniles from Sexual Abuse, and completed the execution of the said sentence on June 6, 2017.

[Criminal facts]

1. On March 4, 2018, at around 15:50, the Defendant: (a) inflicted an injury on the victim E (53 tax) who was known to the general public that he was taking a bath to the Defendant; (b) spits the breath of the victim’s breath on two occasions on the face; (c) taken the victim’s face; and (d) took approximately three weeks of treatment on the part of the victim.

2. On March 4, 2018, the Defendant damaged the victim’s bicycle at the above place, around 16:00, where the Defendant and the victim victim E, who had been the Defendant and the Si for the foregoing reason, took several bicycles of the victim, thereby displaying the victim’s rear wheels and destroying knife, etc.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A written diagnosis of injury;

1. Copy of a receipt;

1. A report on investigation (to hear statements by a reporting person 112 of the initial witness);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report (fact that criminal suspect A is serving a repeated term) criminal history;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

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

1. The reason for sentencing is to sum up a number of criminal records of the same kind, including the reasons for sentencing, and the period of repeated crimes even before, Article 37 (former part), Article 38 (1) 2, and Article 50 (Limits to the extent that the long-term punishment for two crimes is added) of the Aggravation of Concurrent Crimes.