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(영문) 의정부지방법원 2017.05.24 2016고단5482

상해

Text

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

Reasons

Punishment of the crime

On September 24, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the District Court of the Republic of Korea on September 24, 2014, and completed the execution of the sentence at a female prison on June 14, 2016.

At around 23:50 on November 26, 2016, the Defendant entered the main points of “C” located at Li Government-si B, and 23:50 on the ground that the victim D (57 years old) who was seated on the above main points was flicked with an bath for “this son” on the ground that he was flicked, the Defendant sustained injury, such as the victim’s head, shoulder, face flick, and flick flick, which were used as Defendant’s assault, and sustained 10 times more than 28 days thereafter, the Defendant sustained the victim’s side flick and body flick part of the victim’s flick, which were used as Defendant’s assault.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. A photograph of parts of the victim's body;

1. Each injury diagnosis letter;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (the record of the same type of crime and report on the confirmation of repeated crime);

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 reason for sentencing Article 35 of the Aggravation of Cumulative Offense Criminal Act is that the Defendant, when committing the instant crime without any particular reason, had the victim committed the instant crime without any specific reason, and the Defendant, not only twice but also twice, and also incurred a large amount of injury more than ten times after the victim was used.

Considering that the defendant was subject to criminal punishment so far, the defendant seems to have committed assault easily without any particular reason.

Even though the punishment has been repeatedly imposed, the violence crime has been committed again.

The victim is also punished for the defendant.

No one may choose the penalty of imprisonment.

In addition, the sentencing criteria shall be set in consideration of the defendant's age, gender, environment, attitude after the crime, etc.