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(영문) 춘천지방법원 원주지원 2018.02.08 2017고단1212

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 30, 2017, the Defendant, at around 20:25, committed a dispute with the victim C (66 years old) who was confined in the same room in the original prison B, an original prison B, an original city north-ro 2155, and had the victim take the bath from the victim, thereby pushing the victim into the toilet by taking the breath of the breath, taking the victim’s head into consideration, and taking the victim’s face several times with the victim’s head into right drinking, the Defendant sustained the victim’s injury, such as cutting the bones bones, which requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to medical certificates of injury and records of prisoners' affairs;

1. Relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act on the selection of punishment, the reason [the scope of recommendation] for sentencing of imprisonment [the scope of general injury] general in the basic area (from April to one year and six months] (no person subject to special sentencing] (the decision of sentencing] shows the attitude of reflecting the defendant’s wrongness. However, even though a person was sentenced to heavy punishment due to murder, etc. and was serving in prison, he/she did not cause any weak injury to the defendant without being sentenced to heavy punishment, and there is a need to strictly punish the above crime going against the purpose of administration.

In addition, the defendant did not live a slive life, and the defendant had already committed two or more injuries in the same prison since November 2016, and even if he was sentenced to a fine, it is difficult to take more preference than others because he had again been sentenced to a fine.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.