beta
(영문) 수원지방법원 평택지원 2013.11.28 2013고단863

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Justice] On July 28, 201, the Defendant was sentenced to two years of suspension of the execution on December 9, 201, in the Daejeon District Court’s Branch of the Daejeon District Court for the crime of injury, and was sentenced to two years of suspension of the execution on December 9, 201, and the said suspension of execution was revoked, and the execution of the sentence was terminated on May 18, 2012.

【Criminal Facts】

At around 05:25 on July 19, 2013, the Defendant inflicted an injury on the victim C (year 47) and the victim’s face from the ground floor to the ground floor on the ground that the victim had expressed his/her speech of disregarding his/her own activities, and caused an injury to the victim for treatment days, such as moving the victim’s face and body to the end of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, the Defendant was serving a criminal sentence for the same kind of crime and is serving as a repeated offender. Moreover, even after having been released on May 18, 2012, the Defendant again committed the crime of bodily injury on September 7, 2012, and was sentenced to a fine of five million won due to the crime of bodily injury in the Daegu District Court Port Support, etc. on October 31, 2012, and was sentenced to a fine of five million won on November 8, 2012, and again committed the instant bodily injury without being aware of the record of the crime for which the judgment became final and conclusive on November 8, 2012, and did not make any effort to recover from damage. As such, it is inevitable to pronounce a sentence equivalent thereto.

Provided, That in determining punishment, the punishment shall be determined as ordered in consideration of the fact that the defendant is recognized to commit the crime and the favorable sentencing factors such as family relations of the defendant, etc.