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(영문) 수원지방법원 성남지원 2015.06.26 2015고단720

상해

Text

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

Reasons

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the Sungwon District Court’s Sungnam branch, and completed the execution of the sentence on January 22, 2015, by having been sentenced to one month of imprisonment with prison labor for the crime of interference with business in the same court on June 25, 2014.

On March 26, 2015, the Defendant: (a) expressed the victim D, who was passing through the way in front of Seongbuk-gu, Sungnam-gu, Sungnam-si, and (b) expressed the victim D’s desire to “a fright fright fright f right f right f right f right f right f right f right f right f right f right f right f right f right f right f right f right f right f right f right f right

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the victim;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the period of repeated crimes by a suspect, violent crimes, reports on judgment, etc.);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommendations: Imprisonment with prison labor for not less than six months nor more than two years;

(a) Category 1 (General Injury): Aggravation (6 months to 2 years);

(b) Persons under special relationship: Cumulative offense of the same kind; and

2. In addition to the defendant who was sentenced to punishment several times as violent crimes, the crime of this case was committed again during the period of repeated crimes for the same kind of crime, and the crime of this case was committed by assaulting a victim who does not have any awareness of face-to-face, without any justifiable reason, and the nature of the crime is not good, the defendant does not pay any damage, and other circumstances shown in the arguments of this case, such as the defendant's health condition and circumstances before and after the crime, shall be determined as ordered by taking full account of all the various circumstances shown in the arguments of this case.