beta
(영문) 춘천지방법원 강릉지원 2016.02.04 2015고단1468

폭력행위등처벌에관한법률위반(상습상해)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 4, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the Seoul Northern District Court on April 23, 2013, and completed the execution of the above punishment at the Sungdong Detention House on April 23, 2013, and on June 7, 2006, the Seoul Central District Court was sentenced to imprisonment with prison labor for a crime of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and was sentenced for 18 times all of the violent crimes.

On September 8, 2015, the Defendant had a victim E (60 years of age) and drinking alcohol at the D cafeteria-si (D) restaurant located in Gangseo-si, Gangnam-si, and had the victim and the victim have a drinking value before the preceding day, and had the victim attach a vision with the victim. The Defendant suffered injury by breaking the body of the victim by scambling the body of the victim and scambling the victim several times with scamblings, leaving the victim on the bridge, and scam the victim scambling the victim for about five weeks.

Accordingly, the defendant habitually injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Medical certificates and photographs;

1. Previous convictions indicated in the judgment: Inquiry into criminal history, details of identification, and investigation reports (inform report attached to the judgment, etc.);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records, etc. of crimes;

1. Relevant Article of the Criminal Act and Articles 264 and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Scope of the sentencing guidelines set forth in Article 35 of the Criminal Act for aggravated repeated crimes: The lower limit of the sentencing guidelines set forth in the sentencing guidelines shall be waived, taking into consideration the following factors: Imprisonment with prison labor for one year and six months - two years and six months [the crime of violence, habitual injury, repeated injury, special injury, type 1, mitigation area (victim’s considerable responsibility)], which is a contingent crime committed in the course of time between a victim and a victim;