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(영문) 청주지방법원 2015.06.11 2015고단126

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 11, 2008, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, injury, etc. by this court on September 11, 2008, and was released on October 28, 201 during the execution of the sentence, and the remaining term of imprisonment has expired on May 30, 2012.

【Criminal Facts】

At around 10:00 on December 29, 2014, the Defendant: (a) while drinking alcohol together with the Defendant’s house located in Heungdong-gu C and 102, with the Defendant’s D (the age of 31) who was aware of his reputation, and was doing her horse dispute with the victim; (b) made the victim use the victim’s left side by taking the victim’s hand into the room at one time; (c) made the victim use the victim’s head side in the room; and (d) made the victim use the victim’s head part five times by drinking going on the victim’s head part; and (d) 2-3 fingers of the victim’s body by taking them into the victim’s inner part; and (e) inflicted the victim’s injury on the part of the victim, the Defendant inflicted an injury on the part of the victim by taking about three weeks of the victim’s body part into the victim’s inner part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A medical certificate;

1. Photographs of the victim's injury and photographs at the damaged scene;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders (determination of type), the reason for sentencing under Article 35 of the Criminal Act (determination of the recommended area), the general category 1 (General Injury) [Determination of the recommended area] [the scope of punishment] / [the scope of sentence of recommendation] / [the defendant is against the defendant's mistake, although the victim did not want to punish the defendant, it is a crime committed during the period of repeated crime, but the victim committed an act during the period of repeated crime but has a record of being punished as an organization of violent organizations, and the circumstances leading to the crime, details of the crime, and degree of assault, etc., it is inevitable for the defendant to be severely punished.

In addition to the above circumstances, a punishment shall be imposed in consideration of various sentencing conditions, such as the circumstances before and after the crime, the age, character and conduct, and family relationship of the defendant.