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(영문) 전주지방법원 2017.11.30 2017고단1499

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] On September 14, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Jeonju District Court on November 15, 2017 and the said judgment became final and conclusive on November 15, 2017.

[2] On May 4, 2017, the Defendant: (a) around 04:00, on the road of “D” located in Yansan-si, Jeonju-si, Jeonju-si; (b) as a vision, the Defendant was placed in a cream for the reason that tobacco would be cut off in front of the main shop of “D” and creamed as bad; and (c) when the victim’s face can be taken as a drinking, the Defendant was placed in a cream and a stop stoke, etc., which require approximately four weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A photo of the damaged part;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to separate judgments), text of judgment (No. 17 No. 1075), inquiry into consolidated cases (Supreme Court Decision 17Do15837) and other Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the reason for sentencing under Article 39(1) is not well-known and without being tried for the same kind of crime, considering the fact that the defendant committed the instant crime even before the instant crime, there was a record of suspended execution as a violent crime, and a record of criminal punishment for a number of criminal offenses including suspended execution, and the degree of injury of the victim is not less and less that of the victim, the defendant shall be punished by a sentence.

Determinations shall be made.

However, the fact that the defendant's mistake and reflects the depth of the defendant, that the injured person is not punished by the defendant, that the injured person is not punished by the defendant by the agreement with the victim, that the equality with the case where the judgment was received at the same time as the crime of injury which became final and conclusive in the judgment, that the defendant should support his/her child, and that other sentencing conditions, such as the defendant's age, sexual behavior, environment, etc., shall be determined by the