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(영문) 대구지방법원 포항지원 2016.02.03 2015고단1298

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 29, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for the purpose of evading service or inflicting bodily injury at the High Military Court, and on September 5, 2014, the Defendant completed the execution of the sentence at the Army Prison.

[Criminal facts] On July 30, 2015, the Defendant was the victim D (23 years old) who was a woman-friendly woman of the Defendant in the instant case on the alleyway adjacent to C main points located in Nam-gu, Nam-gu, Seoul at a port of port on July 30, 2015

In witnessing the E's knife, the victim said that "the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Report on internal investigation, investigation report (medical certificate, recording record, petition, etc.);

1. Medical certificate (pathosium 41);

1. Each photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment, etc. of the same paper written judgment), and copy of the judgment, such as criminal history;

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 recommended punishment] There is no person who is sentenced to imprisonment with prison labor for six months due to the crime of evading duties, etc. [Determination of sentence] Defendant is sentenced to imprisonment with prison labor for a period of repeated crime not exceeding one year after the execution of the sentence was completed on September 5, 2014; Defendant was sentenced to imprisonment with prison labor for a period of repeated crime not exceeding one year; Defendant did not agree with the victim; and Defendant was sentenced to imprisonment with prison labor for a period of repeated crime not exceeding one year after the execution of the sentence was completed; and Defendant was also sentenced to serious injury to the victim.

However, the fact that the defendant recognized all of the crimes of this case and reflected his mistake, and the means and means of the crime of this case.