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(영문) 창원지방법원 통영지원 2015.02.17 2015고단34

상습상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On October 31, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. at the Changwon District Court through the Changwon District Court, and on April 5, 2013, in addition to the completion of the execution of the sentence, the Defendant was sentenced to a summary order of one million won as an assault crime in the same court on October 17, 2013. On April 29, 2014, the Defendant was sentenced to a summary order of two million won as an assault crime by the same court on April 29, 2014. On August 5, 2014, the Defendant was sentenced to a summary order of two million won as an injury crime, and on December 15, 2014, the same court received a summary order of two million won as a fine, such as receiving a summary order of two million won as an assault crime, and was punished as an assault crime.

【Habitually, at around 22:00 on January 6, 2015, the Defendant: (a) reported that a victim E (55 years of age) who was aware of the fact that he was under the influence of alcohol was performing a military-salvy funeral in front of a DNA pharmacy located in Masung-gun, Gosung-gun; (b) had the victim feel a military-salva in an amount equivalent to KRW 2,000 from the victim; (c) had the victim called “I would like to go to go to the Defendant;” (d) had the victim feel “I would go to go to the Defendant; I would like to go to go to go to the Defendant; and (e) had the victim take the face of the victim one time, booming the falp of the victim, booming the victim with the wall by pushing the victim, and damaged the face of the victim; and (e) had the victim go to the left side of the victim, b) had the face of the victim’s hair back to the left.

Accordingly, the defendant habitually injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written diagnosis of injury;

1. The scene of the case and photographs of victims;

1. Previous convictions: Criminal records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article 264 of the Criminal Act, Articles 264 and 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes.