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(영문) 수원지방법원 2017.11.07 2016고단7291

상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On August 14, 2014, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of official duties at the Suwon Friwon, etc., and completed the execution of the sentence at the original prison on March 22, 2015.

[2] On October 8, 2016, the Defendant 7291 of the 2016 Highest 7291, the Defendant, at around 01:00, talked with the victim E (5 years, female) (hereinafter “the victim”), who had been in the instant singing practice room 3 times in the instant period, and sing out of the victim, sing two times the victim’s head at the seat of the seat, and sing up the victim’s head at two times with the victim’s hand, sing away from the victim’s seat, and sing up the victim’s fingers, thereby leaving the victim’s fingers, leading the victim to a gap in the face of the victim’s fingers, making the victim take approximately two-day medical treatment.

around 01:40 on August 6, 2017, the Defendant, “2017 Highest 5823,” committed an injury on the part of the victim, i.e., the number of days of treatment of the victim, when the victim had a defect in the horses of the victim H(50 tax) and alcohol from the G 1st floor “G main points” of the F-1st floor in Osan-si, U.S., 201.

Summary of Evidence

"2016 Highest 7291"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared in the I;

1. Data on photographs of damage;

1. A medical certificate;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on the unused previous convictions and results of confirmation, and the current status of personal confinement "2017 order 5823";

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act 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, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the sentencing guidelines recommended by the Sentencing Committee;

(a) Each crime of injury [type] the aggravated area (special aggravated factors) of category 1 (General Bodily Injury) as a general injury to a violent crime, and six months of imprisonment with prison labor, and two years of imprisonment with prison labor;

(b) Criteria for handling multiple crimes: Imprisonment with prison labor for six months - three years;

2. The defendant who has rendered a sentence of sentence is guilty of the same kind of crime several times.