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(영문) 인천지방법원 2014.09.18 2014고단5303

상해

Text

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

Reasons

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to 10 months for the crime of injury and obstruction of performance of official duties at the Incheon District Court, and the same criminal records were 32 times. On July 10, 2012, the Seoul Southern District Court sentenced 10 months for the crime of obstruction of performance of official duties and damage to public goods, and completed the sentence on March 18, 2013 while serving in the Ansan prison.

On April 17, 2014, the Defendant was admitted to the Incheon Detention Center for the crime of injury, etc., and is currently being admitted to the said detention center in 501 Dong 21, and the victim C (the age of 26) is also confined in the same room.

On June 30, 2014, at around 00:05, the Defendant: (a) 501 Dong 21, the victim 501 room; (b) the victim’s nose was laid down on the part of the victim who was frighted due to a large sound, so that the victim’s face can be taken once again; (c) the victim who was fright away from the embankment of the same room D, once again she can see the victim’s face, and (d) the victim was fright the victim’s body, such as walking the victim’s body, and frighting the victim’s body, and fright the victim’s body cannot be identified, thereby causing injury, such as high breathic scarlet, etc. with which the number of days of treatment cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A register of medical treatment for prisoners;

1. Medical prescriptions;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, previous disposition, and results of confirmation;

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

1. In light of the fact that a repeated crime committed several times, which is the reason for sentencing under Article 35 of the Criminal Act, had been punished for the same kind of crime, but again, the crime in this case was committed during the period of repeated crime, and the damage was not recovered at all, the sentence shall be imposed. In addition, taking into account the motive, means and result of the crime, Defendant’s age, environment, criminal record, family relation, circumstances after the crime, etc., the sentence shall be determined