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(영문) 의정부지방법원 2017.08.22 2017고단3136

상해

Text

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

Reasons

Punishment of the crime

The defendant was sentenced to the suspension of the execution on September 1, 2016 by the Jung-gu District Court on September 1, 2016 and was sentenced to the suspension of the execution on September 9, 2016, and the judgment became final and conclusive on September 9, 2016.

Criminal facts

On 26. 00:40 on 26. 206. 00. 26. 200:40, the Defendant inflicted injury on the victim E (63) of this case, who had drinking together in the D Content C, was going to the place where the Drum is established under the influence of this alcohol, demanding a drum to drum and drum. However, on the ground that he does not hear his speech, the Defendant made the victim’s face at a time of drinking on the ground that he did not hear the victim’s speech, and caused the victim’s injury on the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Report of investigation: 2;

1. On-site photographs and photographs of damaged parts;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and reporting on investigation (Attachment to judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. The relevant Article of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment, and the defendant's reason for sentencing of sentence has reached 16 times, and the criminal records, among which punishment is imposed, constitute one time, and the criminal records, one time, and two times, respectively.

In addition, even though the defendant was sentenced to a suspended sentence for the same crime, and was sentenced to a fine by committing the same crime during the suspended sentence period, it is inevitable to sentence the defendant as the defendant committed the crime of this case again during the same suspended sentence period.

However, the punishment shall be determined by comprehensively taking into account the fact that the defendant shows the appearance against the defendant and the victim does not want the punishment against the defendant.