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(영문) 의정부지방법원 2019.03.20 2019고단124

상해

Text

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

Reasons

Punishment of the crime

On October 12, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor due to an injury, etc. by the District Court, and completed the execution of the sentence on June 7, 2018.

On November 24, 2018, the Defendant: (a) around 15:00 on November 24, 2018, at the residence of C, a defendant in the third floor of the building B, the victim D (the age of 45) and the scoo and the scood in the scoo and sold the scoo in order to pay the drinking value; (b) the scood the scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scoods

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of the same type of power and the records of repeated crime), summary order, text of judgment, status of confinement of each individual, results of search of integrated cases, and Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] Article 35 of the Criminal Act (the sentencing guidelines of the Supreme Court) is the basic area (the reduction of punishment is not permitted, the offender, the same repeated offender, April 1 and June) (the decision of the sentence) of category 1 of violent crime group [the decision of the sentence] [the defendant has a significant number of times of punishment due to violent crimes previously committed, and in particular, in 2017, he/she was sentenced to imprisonment with prison labor for 10 months and released from prison on June 7, 2018.

Defendant

After being released from the military court on November 28, 2018, the military court was sentenced to a fine by this court on the following grounds: (a) Macer's disease was committed by assaulting the victim by leaving the victim as the victim on the drinking place in 2 weeks.

The instant crime was committed on November 28, 2018, and was committed four (4) days before the date the judgment was rendered on November 28, 2018.