beta
(영문) 수원지방법원 2019.02.12 2019고단14

상해

Text

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

Reasons

Punishment of the crime

[criminal power] On April 19, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury at the Suwon District Court, and completed the execution of the sentence on December 12, 2017. On October 11, 2018, the Suwon District Court sentenced four months of imprisonment with prison labor for an obstruction of performance of official duties, etc., and the judgment became final and conclusive on December 22, 2018.

【Criminal Facts】

At around 03:20 on December 18, 2018, the Defendant: (a) moved the victim C(35 years of age) who told the Defendant while driving his body fighting with B and Si expenses, was pushed the victim C(35 years of age). On the top of the victim’s face, the Defendant got the front of the victim’s face.

As a result, the Defendant inflicted an injury on the victim, such as the escape of a baby whose days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Written statements of D;

1. Documents related to the case, investigation report (the process of discovery of the fact presumed to be the suspect C), on-site photographs, and drilling reports (the investigation report and shot photographs with respect to the abandoned infant found at the site);

1. Previous records: Criminal records, personal confinement status, previous records of each disposition, results of confirmation, and application of Acts and subordinate statutes to attached judgments;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The crime of this case on the ground of the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes is deemed to have inflicted an injury on a third party and a victim who had the body fighting with the third party while under the influence of alcohol. The crime of this case is not exceptionally deemed to have been committed in that the defendant committed a dangerous pricing act and sustained an injury that the victim would face.

In addition, the defendant was punished for imprisonment with prison labor due to an injury, such as two frameworks, even though he was punished by imprisonment with prison labor in February 2017.