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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단2093

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of one year on September 6, 2014 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in order to support the Central District Court on August 29, 2014 and the said judgment became final and conclusive on September 6, 2014.

【Criminal Facts】

At around 18:30 on July 11, 2014, the Defendant called D’s house located in Pakistan, and called D’s house return to the victim E (57 years of age) who takes a bath to D. However, the Defendant inflicted injury on the victim, considering the victim’s face by drinking flab, and making the victim’s face by drinking flab, and caused the victim to undergo approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written diagnosis of injury;

1. A photograph of the victim's body;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and Acts and subordinate statutes;

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

1. The punishment shall be sentenced in light of the following: (a) the crime committed while the criminal case is pending due to a crime of the same or similar kind of crime with heavy injury to the grounds for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act; (b) the victim’s measures to recover damage are not revealed; and (c) the defendant has a number of records of the same

However, at least in this court, the sentence was imposed by taking special account of the fact that the victim's mistake appears in the crime of this case, the gender, age, family relationship of the defendant and the circumstances that the defendant could have been tried simultaneously with the crime of which judgment became final and conclusive.

It is so decided as per Disposition for the above reasons.