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(영문) 대구지방법원 영덕지원 2017.07.19 2016고단127

상해

Text

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

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to imprisonment for ten months due to a violation of the Punishment of Violences, etc. Act (damage of property, such as group, deadly weapons, etc.) in the Daegu District Court Port Support on August 13, 2015, and completed the execution of the sentence on February 12, 2016.

On March 31, 2016, around 08:55 on March 31, 2016, the Defendant appears to have written “C” written in the written indictment of the victim C in front of an elementary school at least eight U.S. P. P. C.

(Y, 70 years old) caused the victim's car open windows by driving and speeding the car, thereby putting his hand into the victim's car open windows, shabing the victim's breath, and wheeling the victim's face, and wheeling the victim's face with a hand-to-kick, the victim's 10-day treatment is required.

Summary of Evidence

In the statement of the police statement about the defendant in the police interrogation protocol against the defendant, the investigation report (the history of the suspect, the attitude of the suspect), investigation report (the victim's body treatment), investigation report (the previous judgment attached thereto), and the previous records indicated in the judgment: The criminal history inquiry, investigation report (the previous judgment attached thereto), investigation report (the confirmation report of the facts of the crime during the period of repeated crime), and the relevant legal provisions as to the criminal facts subject to each attached document, and the reason for sentencing under Article 257 (1) of the Criminal Act (the choice of imprisonment), which aggravated repeated crimes under Article 35 of the Criminal Act [the type] [the general person subject to special sentencing] mitigated element: In light of the fact that the crime in this case was committed by the defendant with injury to the victim, the crime in this case is not committed by two months after being punished as the same kind of crime, and the reason for sentencing under Article 257 (1) of the Criminal Act, which aggravated repeated crimes under Article 35 of the choice of punishment [the general person subject to mitigation].

The fact that there is no agreement with the victim and that the defendant has been punished several times as violent crimes is disadvantageous.

In addition, the age, sex, environment, including the fact that the defendant is currently unknown.