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(영문) 대전지방법원 공주지원 2016.02.16 2015고단510

상해

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 2, 2012, the Defendant was sentenced to two years in Seoul Southern District Court to imprisonment for a violation of the Punishment of Violences, etc. Act (defensive property damage, etc.) and completed the execution of the sentence on September 23, 2014. On May 8, 2015, the Defendant was sentenced to two years in prison at the Seoul Central District Court for the same crime, etc., and is currently under confinement in the custody and custody center, and there are approximately 20 same records as well.

【Criminal facts constituting the Defendant: (a) the Defendant was going to go through a sexual intercourse after the time of being put in prison at a public welfare care and custody center C, which was located on October 24, 2015, around 21:40 a.m., 253-h., the first place of distribution; (b) the Defendant was serving for the victim D (39 years of age, south) to go in prison hours.

When hearing the subsection of this subsection, I would like to say that I would like to say that I would like to say that I would like to say, “I would like to see I would like to say.”

“In the face of the victim due to her head, the victim’s face was taken at one time, and the victim’s face was taken at one time, and the victim’s body was walked several times, and the victim was sponsed with a sphere of a sphere, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including a medical certificate attached thereto);

1. Recertification Institute (D, A);

1. A criminal investigation report (in cases of attaching a copy of a self-written statement);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reporting (criminal history);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. The application of the standard for sentencing [the scope of the recommended sentence] General In the mitigated area (two months to one year), the mitigated area (the term of imprisonment for two months), the punishment is not (including a serious effort to recover damage), or the considerable partial damage is recovered; / The scope of the sentence compared with the recommended sentence for the same repeated crime: two months to one year; and

2. Determination of sentence - The punishment of imprisonment with prison labor is to be imposed in consideration of the fact that the crime of this case was committed within the treatment and custody center during the period of repeated crime despite the past criminal punishment for a majority of two months