beta
(영문) 수원지방법원 2016.07.15 2015고단2698

상해

Text

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

Reasons

Punishment of the crime

On November 7, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury) at the Suwon District Court around November 7, 2012, and completed the execution of the sentence on February 27, 2014.

【On June 6, 2015, the Defendant: (a) around 23:10 on June 6, 2015, at around 23:23:10, the Defendant: (b) brought the victim C (43 years of age) to the Defendant at around the “free meal facility for water sources”; (c) brought the victim’s face at around 924, on the ground that the victim C (43 years of age) was against the Defendant without permission; (d) made the victim’s face at drinking; (d) twice the victim’s face at drinking; and (e) continued to take the victim’s face with his/her hand; and (e) made the victim’s face at drinking.

As a result, the Defendant put the victim under the left eye, where the number of days of treatment can not be known.

【The Defendant, at around September 19:00 on September 8, 2015, 2015, performed drinking together with the victim D (42 tax) in front of the “elbter” park, a shelter for the homeless, a homeless person, who is in the middle-ro 1 in Suwon-gu, Suwon-si, Suwon-si, and around 19:0 on September 8, 2015.

Summary of Evidence

[2015 order 2698]

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Statement made to C by the police in the protocol; and

1. Videos of damaged parts 【2015 high group 5473】

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. 【Judgment before the judgment of the court below】

1. Description of a written reply to inquiries, such as criminal history;

1. Application of Acts and subordinate statutes stating an investigation report (verification as to whether a suspect A has repeated crimes);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective 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. Scope of sentencing recommended according to the sentencing criteria;

A. Crimes of injury to victims C (basic crimes) / [type]