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(영문) 인천지방법원 2018.03.15 2018고단701

상해

Text

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

Reasons

Punishment of the crime

[criminal history] On March 12, 2015, the Defendant was sentenced to one year and four months of imprisonment with prison labor by assault, etc. at the Incheon District Court on May 15, 2016. On November 9, 2017, the Defendant completed the execution of the said sentence at the previous prison on May 15, 2016. On November 17, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor by night residence intrusion larceny, etc. at the Incheon District Court, and the said judgment became final and conclusive.

[2] On November 16, 2017, at around 09:15, the Defendant: (a) 502 Dong-dong, Incheon detention center, and 502 Dong-dong, carried the water source of hot water to another prisoner C (40 years of age) who was moving the water source of hot water; (b) dumping the water source to the victim C (40 years of age); and (c) dumping the face of the victim by drinking the water; (d) pushed the body of the victim into the rest of the toilet; and (e) dumping the body of the victim into the rest of the toilet; and (e) dumping the victim with approximately 20 meters back to the right, and (e) dumping the body of the victim so that it is difficult to

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Each investigation report (damage photographs and victim C's duty records);

1. Previous convictions in judgment: Application of the results of inquiry, current status of personal confinement, investigation reports (Attachment of court records) and statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes (based on the criminal record of assault, etc.);

1. Grounds for sentencing after Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) (inter-sections, such as night-time intrusion larceny, etc. at which the above crime and judgment have become final and conclusive) of the same Act;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 14 years;

2. The sentencing criteria shall not apply to the crime of injury of this case, which is determined to be sentenced, since it is a single concurrent crime after Article 37 of the Criminal Act.

The crime of this case by the defendant of two months of imprisonment shall not be deemed to have inflicted an injury on other prisoners during the confinement in the Incheon detention house, and the nature of the crime is not good.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the victim has not been punished for the defendant, and the defendant is concurrent crimes after Article 37 of the Criminal Code.