beta
(영문) 대구지방법원 2015.06.18 2015고단1546

상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 3, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for an injury at the Daegu District Court on April 19, 201 and completed the enforcement of the sentence.

On December 15, 2014, at around 19:00, the Defendant took a bath at E-cafeteria operated by the victim D (n, 65 years of age) in Daegu-gu, on the ground that he was bad in order to demand the victim to pay the drinking value from the victim, and went away from the victim’s head, and licked the victim’s head, thereby leaving the victim’s head and leaving the victim into the victim’s body, thereby providing approximately five weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some statements made in the police statement concerning F;

1. A written diagnosis of injury;

1. Previous convictions in the judgment: Criminal history records, investigation reports (report attached to the judgment, etc.), etc. [ although the defendant and his/her defense counsel denies the fact that he/she has inflicted an injury, according to the consistent statement from the investigative agency of D, the F who is an on-site witness, the statement corresponding thereto, and the written diagnosis of injury on the victim, etc., it is sufficiently recognized that the defendant inflicted an injury on the victim as stated in the judgment

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated crimes [the scope of recommending punishment] general injury areas of category 1 (the range of general injury) and special aggravation area (6-3 years) (the judgment of sentence 1 and 4) and the same repeated crime (the judgment of sentence ] of this case has the record of being punished several times as the crime of injury, and the defendant again committed the crime of injury in this case even though he was sentenced to one year of imprisonment for the crime of injury and was under repeated crime, even though he had been sentenced to one year for the crime of injury, and again committed the crime of injury in this case even during the period of repeated crime. The injury was inflicted on the victim of old female, and the degree of such injury was serious, and the defendant did not make any repayment, but rather, it does not seem that the circumstances before and after the crime of this case were committed.