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(영문) 춘천지방법원 2018.02.08 2017고단1315

상해

Text

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

Reasons

Punishment of the crime

On November 29, 2017, the Defendant was sentenced to a suspended sentence of one year for the four months of imprisonment due to an injury at the Chuncheon District Court, and the judgment became final and conclusive on December 7, 2017.

On October 30, 2017, the Defendant: (a) saw the victim E from the table table in front of the D convenience store in Chuncheon City around 04:30 on October 30, 2017 to the end of the dispute while drinking the victim E; (b) saw the table table to the victim; and (c) saw the victim into the victim as a head of the right angle;

Mali,

Definites shall be discarded.

"At the time of the victim's abath, etc. due to the victim's abath by drinking, the victim was forced to sit in the victim and go beyond the victim's abath.

계속하여 피고인은 피해자가 일어나자 왼손으로 피해자의 머리채를 잡고 오른손 주먹으로 피해자의 얼굴 부위를 수회 때리고, 발로 피해자의 얼굴 부위를 1회, 복부를 2회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as inside the right side and the lower wall, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Arrest report on the occurrence of the case, report on the dispatch of the scene of the violent incident, report on investigation (on-site conditions), photograph of the injured case, report on investigation (related to attachment of a written diagnosis of injury), medical certificate (in addition), investigation report (Attachment of a photograph by d convenience CCTV image and caps);

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

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

1. The latter part of Article 37 of the Criminal Act: Provided, That the grounds for sentencing Article 39(1) have already been imposed on several occasions of violent crimes, and the court received a summary order of KRW 1 million as an injury crime on January 11, 2017.

In particular, even though the Defendant was prosecuted for committing an injury requiring approximately six weeks’ medical treatment at the time of the instant case, the Defendant committed the instant case of the same kind again even though he/she was guilty of committing a crime, and even though he/she committed such an injury, the said judgment was rendered.