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(영문) 대구지방법원 서부지원 2019.01.23 2018고단2509

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 12, 2018, the Defendant was sentenced to imprisonment with prison labor for a special injury at the District Court of the Republic of Korea on April 12, 2018, and is currently serving a sentence in the Daegu Prison.

At around 20:00 on July 18, 2018, the Defendant: (a) expressed the Defendant that “A, who was reporting TV from the Duna prison B located in Masan-dong 813, Gosan-dong 813, had been able to view TV on the screen due to the Defendant, saying, “I am to be moved back to and from the front, and I am to the front,” and the Victim D(37 years of age) also expressed that “I am to the front, I am to the front, I am.”

Accordingly, the victim took part of the victim's left part once with the defective floor of "drawing", and continuously took part of the victim's face several times due to both drinking and drinking.

As a result, the Defendant inflicted bodily injury on the victim, such as a hot spring, which does not have any one within 14 days open for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, E, and D;

1. A criminal investigation report, a criminal investigation report, and a criminal investigation report;

1. Police seizure records;

1. Before judgment: References to criminal records and investigation reports (report accompanied by a written judgment) shall be applied by statutes;

1. Article 257(1) of the Criminal Act of the relevant criminal facts, and Article 257(1) of the Criminal Act of the Defendant’s reason for sentencing choice of imprisonment is the factor for sentencing favorable to the Defendant.

However, in light of the sentencing factors unfavorable to the defendant, such as the fact that the defendant committed the instant crime even though he/she was under execution of punishment due to a special injury crime, the victim wanted to punish the defendant, and the defendant has a record of being punished for violent crimes, it is inevitable to sentence imprisonment with prison labor for the defendant.

In addition, the defendant's age, character and conduct, the environment, and the motive, background, and means of committing the crime.