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(영문) 광주지방법원 2017.06.08 2017고단1682

상해

Text

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

Reasons

Punishment of the crime

[B] On May 3, 2016, the Defendant was sentenced to six months of imprisonment for special assault, etc. at the Gwangju District Court, and completed the execution of the said sentence on November 21, 2016.

[Criminal facts] On April 15, 2017, the Defendant discarded waste to the victim F (80 years of age) who was putting waste before the “E” sperm located in Gwangju Seo-gu, Seo-gu, Gwangju on April 15, 2017

The term "bast" refers to Si expenses, and the victim's face is displayed towards the victim's face, walking the victim's mouth, and walking the victim's chest with the victim's face in his/her hand, and the victim's face cannot be known to the victim, such as a mustast, etc., where the victim's face cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (to hear statements from a victim by telephone);

1. A medical certificate;

1. Previous relationship: Application of a reply to inquiry, such as criminal history, a report on investigation (prior conviction of a repeated crime), and the current status of expropriation of each individual attached thereto;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] general injury [the person subject to special aggravated punishment] is the same type 1 (6 months to 2 years) and the same type of repeated crime [the person subject to special aggravated punishment] [the decision of sentence]. However, there are many criminal offenses including the same kind of criminal record, and multiple criminal records are committed during the period of repeated crime due to the same kind of crime, the victim's agreement or damage has not been restored, and other circumstances such as the defendant's age, sexual behavior, environment, family relationship, the motive and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case are considered.