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(영문) 대전지방법원 천안지원 2016.05.12 2016고단299

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On December 14, 201, the Defendant was sentenced to imprisonment with prison labor for a crime of injury or injury caused by a disturbance in the performance of special official duties at the Seoul Western District Court, which was completed on April 16, 201 by the Jinju Prison.

In addition, on November 13, 2015, the defendant was sentenced to 8 months of imprisonment with prison labor due to special property damage in the Seoul Western District Court (Seoul Western District Court) on November 13, 2015, and is currently under execution of the sentence (the expiration of the term of imprisonment on May 15, 2016).

[2] On February 15, 2016, at around 06:10, the Defendant brought an dispute with the victim D(60) located in the same room as the Defendant at the lower end of the 2nd floor of the astronomical Prison in the Dong-dong, Seocheon-gu, Seocheon-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and 127. On February 15, 2016, the Defendant brought an end to the victim and laid down the floor of the inside and floor that require approximately eight weeks of treatment by drinking the victim’s left eye.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to E and F;

1. Unrecord of prisoners;

1. Each investigation report;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] No person who does not have the basic area (4 months to one year and six months) (special sentencing factors] [Determination of sentence] during the period of repeated crimes, one of the following cases is considered: (a) the victim does not want the punishment; (b) the victim does not want the punishment; (c) the defendant's age, sex behavior; and (d) the circumstances after the crime are considered.