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(영문) 부산지방법원 서부지원 2017.07.19 2017고단446

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court on August 17, 2016 and completed the execution of the sentence at the Busan Detention Center.

On May 18, 2017, at around 01:05, the Defendant: (a) arrived at the taxi destination operated by the victim D (60 taxes) and paid the taxi expenses; (b) without any particular reason, the Defendant expressed the victim’s desire to “C, e.g., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., c

As a result, the Defendant inflicted an injury on the old net temperature where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the sentencing guidelines] - General injury mitigation area (two months to one year): - Special mitigation person: Special mitigation person: In the case of the same repeated crime: In the case of the defendant, the defendant, without any special reason, seems to go to the crime of this case during the period of repeated crimes for the same kind of crime; in consideration of the fact that there are many criminal records due to violent crimes, imprisonment is selected; the above special mitigation person and other defendants' age, sex behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment shall be determined in consideration of various conditions of sentencing specified in the arguments of this case, such as the following circumstances.