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(영문) 대구지방법원 의성지원 2018.04.26 2018고단20

상해

Text

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

Reasons

Punishment of the crime

From December 2017, the Defendant was admitted with the victim C (26 years old) on the 6-year old-dong B in order to the third party branch of the Gyeongbuk-do, which was in the progress of the Cheongbuk-gun in the Cheongbuk-gun.

At around 22:40 on December 25, 2017, the Defendant, in the above confinement room, suffered bodily injury, such as the victim's eye, manee, knee, knee, knee, knee, knee, knee, knee, and the victim's knee, and the victim's knee, knee, knee, and the victim's knee, knee, knee, knee, knee, kne, etc., in need of 5 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of three copies of a photograph of damage, a written diagnosis of injury, and three copies of a receipt of medical expenses;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] general injury, serious injury in Type 1 (general injury) (the scope of the recommended punishment] (the person subject to a special aggravated punishment], six months to two years of imprisonment.

3. Determination of sentence: under favorable circumstances in which the defendant has committed the instant crime in prison even though the defendant was under the execution of imprisonment with prison labor, the degree of injury suffered by the victim is serious, and the defendant has been punished three times by violence (two times of suspended sentence and one time of fine). This special consideration shall be given to the defendant under extenuating circumstances, under which the defendant has committed the instant crime in prison, even though he was under the execution of imprisonment with prison labor.