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(영문) 광주지방법원 2014.05.28 2013고단5598

상해

Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 5, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on October 5, 2012, and completed the execution of the sentence in the Gwangju Prison on October 5, 2012.

【Criminal Facts】

On November 2, 2013, at around 04:00, the Defendant inflicted an injury on the victim E (1959 students) and the face of the victim two times in drinking on the road in front of the ‘D restaurant' in Gwangju Northern-gu, Gwangju, by taking two times the face of the victim over the floor, and caused the victim to undergo approximately four weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A report on investigation (Submission of a photograph of damage and a medical certificate);

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (recognating and verifying repeated crimes), and application of Acts and subordinate statutes governing judgment;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommendations] general injury [the decision of sentence] that there is no person who has the basic sphere (4 to 16 months] / [the decision of sentence] 8 months (the following major circumstances are as follows: The punishment is determined by taking account of the motive, background, means and methods of each of the crimes of this case, the circumstances before and after the crimes of this case, the defendant's age, character and behavior, career, environment, etc. as shown in the arguments of this case). The fact that imprisonment with prison labor for several times due to theft, etc., and normal circumstances favorable to repeated crimes: The fact that the victim is suffering from being in excess of the body of knee bones.