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(영문) 대전지방법원 공주지원 2015.03.13 2014고단338

상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Justice] On May 1, 2014, the Defendant was sentenced to 13 years of imprisonment with prison labor for committing murder at the Cheongju District Court of Daejeon High Court, and the judgment became final and conclusive on May 27, 2014, and is currently being executed in a public prison.

【Criminal Facts】

At around November 27, 2014, the Defendant reported that the victim D (the age of 53) in the public prison C located in Geum-dong-dong-dong-dong-dong-si was in dispute with E, which is a prisoner of the same age, and that the victim's face was in conflict with E, which is a prisoner of the same age, and that the victim's face was in drink, and that the victim's face was in conflict with the other victim's face for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of F and G:

1. A work report by the educational chart H;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (verification of facts in prison);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the Defendant was sentenced to 13 years of imprisonment due to the crime of attempted murder under Article 334(1) of the Criminal Procedure Act, the Defendant committed the instant crime in a correctional institution within six months from the date on which the judgment became final and conclusive.

Therefore, there is no need to impose strict punishment on the defendant.

However, it appears that the defendant made confessions and reflects on the crime of this case, and it appears that the defendant caused the crime of this case would have an impact on some degree, and that the degree of injury to the victim is not significant, and that the defendant has no record of being subject to disciplinary action for reasons other than the crime of this case in the life of the defendant.