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(영문) 대구지방법원 안동지원 2021.03.23 2020고단688

상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 23, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for an injury at the Seoul Southern District Court on September 23, 2016, and the execution of the sentence was completed in the first intersection of the Northbukbuk Island on January 11, 2018.

On July 19, 2020, the defendant suffered bodily injury, such as the escape of the victim's face, which needs to be treated for about 20 days, on the other hand, on the two occasions, while he/she had a dispute about the victim C (son, 58 years of age) and his/her living room at Andong prison B located in Ansan-si, Andong-si, Andong-si, Andong-si, Andong-si, Andong-si, where he/she had been living problems, and the victim's face was born without being able to do so, and on the other hand, on the other hand, the victim suffered bodily injury.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. A written statement of the police statement C in relation to the defendant's statutory statement C, a record of duty to photograph workers' working conditions in D's written statement, and each medical certificate;

1. Previous convictions in judgment: Records of criminal history, investigation report (verification of the records of suspect violence), copy of judgment, application of Acts and subordinate statutes concerning personal confinement;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: One month to fourteen years;

2. Aggravation factors of general injury [the category 1] general injury [the person subject to special sentencing] according to the sentencing guidelines: the area of aggravated repeated crimes of the same kind [the area of recommendation and the scope of punishment], six months to two years and six months.

3. The Defendant was sentenced to imprisonment with prison labor for and after one year and six months as stated in the judgment, and completed the repeated crime, and was sentenced to two years as of January 16, 2019 during the repeated crime period.

As a result, the Defendant was sentenced to imprisonment on September 25, 201 and imprisonment on February 12, 202 with prison labor on September 25, 2019 and imprisonment with prison labor on February 12, 202.

Nevertheless, the Defendant committed the instant crime while serving multiple prison life.

The Defendant was punished several times for crimes related to the same kind of violence even before.

this section.