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(영문) 청주지방법원 2020.01.30 2019고단2142

상해

Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 16, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to an injury, etc. at the Cheongju District Court, and completed the execution of the sentence in the Daegu Prison on April 15, 2017.

【Criminal Facts】

On September 18, 2019, the Defendant: (a) around 17:12, Cheongju-si, Cheongju-si, operated “D cafeteria” operated by the victim C (n, 60 years of age) (hereinafter referred to as “D cafeteria”); (b) on the ground that the victim did not make a ice to other customers; (c) on the ground that the victim did not make a ice to other customers, and (d) took a bath to the victim, the Defendant: (d) 17:12; (d) 17:12; and (d) 1:12; (e) 2:1; (e) 2:1) 1:10 of the victim’s head; and (e) 1:0 of the victim’s head; and (e) 1:2) 3:0 of the victim’s head and head of the drinking house, the Defendant continued to walk the victim’s head; and (e) 1:00 of the victim and the victim’s head of the her drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Photographs of the victim's legs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of the fact during the repeated period);

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

1. Comprehensively taking account of all the favorable circumstances, such as the recognition of the reason for sentencing under Article 35 of the Criminal Act and the fact that a repeated crime is against the wrong offense, and the circumstances leading to the crime, etc., which are significant in terms of the nature of the crime, the number of criminal records of the same kind, repeated crimes, the victim’s desire to punish the defendant, etc., and other unfavorable circumstances, including the defendant’s age, character and conduct, the defendant’s health status, and the circumstances before and after the crime, etc.