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(영문) 부산지방법원 2014.04.23 2014고단1739

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 13, 2010, the Defendant was sentenced to six months of imprisonment with prison labor due to injury at the Busan District Court on September 16, 2012 and completed the execution of the sentence at the net prison on September 16, 2012.

The defendant is a member of the behavior group belonging to the "the 20th century" of the violent organization that is active in the Southern-gu, Busan-dong, Bupyeong-dong, and Chungcheong Dong-dong.

On December 31, 2013, around 08:30 on December 31, 2013, the Defendant viewed the victim E (the age of 23) as being drunk in front of the “D” coffee set in Busan-gun C, the Defendant, “I am on how you will live in funeral,” and “I am a large number of customers to live well.” As a result, the Defendant saw that I am on the victim’s left right door door door by walking over several times, and met with the victim’s hand.

계속하여 피고인은 인근 인적이 드문 골목으로 피해자를 데리고 간 후 “내가 만만하나” 등의 말을 하며 손바닥과 주먹으로 피해자의 얼굴을 수십 회 때리고, 발로 피해자의 사타구니를 수 회 걷어찼다.

As a result, the Defendant committed an internal inception, which requires approximately three weeks of treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Before judgment: Application of the Acts and subordinate statutes to refer to inquiries and investigation reports (the confirmation of the period of repeated crimes);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The sentencing criteria [decision of types] the category 1 (General Bodily Injury] among the violent crime groups (special mitigated persons) and the basic area of punishment not to be imposed (the scope of recommending punishment), the basic area of imprisonment with prison labor for not less than 4 months to 1 year and 6 months (the factors of aggravation and mitigation).

2. The instant case where the other party is sought without any special reason during the period of repeated crime despite the fact that the defendant made a confession [fluoral circumstances], the degree of damage is not relatively much severe, and the victim has been punished for the same kind of crime.