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(영문) 대구지방법원 서부지원 2019.07.10 2019고단511

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2018, the Defendant was sentenced to 30 years of imprisonment with prison labor for murder, etc. at the Daegu District Court Port Branch, and the judgment became final and conclusive on April 11, 2019.

【Criminal Facts】

The defendant and the victim B(the age of 27) are not known to each other as those confined in Daegu prison.

피고인은 2019. 1. 11. 19:00경 대구 달성군 화원읍 비슬로 2624에 있는 대구교도소 미결 2 C에서, 다른 수감자 D가 거실 벽을 두드리는 것에 화가 나 복도를 향해 “개새끼야, 죽이삔다. 문 차지마라”라고 큰 소리로 욕설을 하였고, 이에 수감자 E가 피고인에게 “이 씹새끼야 니는 애미애비도 없냐, 호로새끼냐”라고 하자 피고인은 위 E에게 불만을 품고 E를 폭행하기로 마음먹었다.

On January 15, 2019, around 08:50 on January 15, 2019, the Defendant opened the above F (living room of the Defendant) and G (victim’s living room) to carry out an outdoor campaign, and when the victim reads the victim to the above E, and the victim Da Da Da Da Da ro Da Da Da Da Da Da Da Da Da ro Da Da Da Da na

As a result, the Defendant inflicted injury on the victim, such as cutting a peltos that need to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, B, and E;

1. Evidentiary photographs;

1. A medical certificate;

1. A previous conviction in judgment: A significant fact in this court, criminal investigation records, inquiry of data, report on the results of confirmation of the disposition, investigation report (verification of a case in the appellate trial), application of statutes of the judgment;

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

1. Circumstances unfavorable to the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes: The defendant committed the crime of this case without among persons although he was under confinement due to murder, etc.; the victim wants to punish the defendant; and the defendant has many records of having been punished for violent crimes.