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(영문) 대구지방법원 서부지원 2015.06.04 2015고단561

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On July 25, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for property damage, etc. at Seoul Southern District Court on November 27, 2012, and completed the enforcement of the sentence at Seoul Southern District Court. On October 17, 2014, the Seoul Southern District Court sentenced one year and six months of imprisonment with prison labor and three million won of fine for obstruction of performance of official duties, etc., and the said judgment became final and conclusive on December 22, 2014.

【Criminal Facts of Crimes】 On July 21, 2014, at around 23:15, the Defendant, while drinking alcohol in Gangseo-gu Seoul Metropolitan Government, 'D head office' in the operation of the Victim C, 'D head office’, was put to watch with E, who is another customer, and was on the customer, was on the spot, and the victim appeared to the Defendant.

The Defendant brought an injury to the victim, such as 2nd heat, which requires treatment for 14 days, due to an empty beer’s disease cited by the victim while taking a bath, and the victim gets the left-hand head part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs of the site conditions;

1. A written diagnosis of injury;

1. Previous convictions indicated in judgment: Inquiries, inquiry reports (Attachment of a copy of the judgment), application of Acts and subordinate statutes to investigation reports (verification of whether a repeated offense is committed);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes was sentenced to six months of imprisonment due to the crime of causing property damage, etc., and then the defendant committed the crime of causing bodily injury to the victim due to the same crime while being tried for a criminal trial for committing another crime of obstructing official duties during the repeated crime period. It is necessary to strictly punish the defendant in that he committed the crime of this case.

However, it is relatively minor that the defendant confessions all of the crimes and reflects on them, and the degree of injury of the victim is relatively minor, and the crime of this case.