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(영문) 서울동부지방법원 2015.05.13 2014고단38

상해

Text

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

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2011, the Defendant was sentenced to four months of imprisonment for the obstruction of performance of official duties at the Seoul Eastern District Court, and completed the execution of the sentence on August 2, 201.

【Criminal Facts】

On December 27, 2013, at around 01:10 on December 27, 2013, the Defendant was a time zone on the ground that the Defendant faced with the victim C (year 43) at the fourth floor entrance of Songpa-gu Seoul Songpa-gu Seoul District Public Notice Board, and the victim met the victim's face and chins, and met the victim's face and chins, and opened the victim's body on his left side, and then the victim was inside the left side of the treatment days.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding C;

1. Photographs of the suspect;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (prior records of repeated crimes, judgment and current status of confinement);

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

1. It is so decided as per Disposition in view of the following: (a) the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] general injury (a general injury) and the basic area (a decision of sentencing) [a decision of sentence]; (b) the victim did not receive an application from the victim; (c) the Defendant had a history of being punished for violent crimes; (d) the Defendant committed a crime even during the period of repeated crimes; and (e) the Defendant escaped without having been summoned several calls from this court.