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(영문) 대전지방법원 2013.08.13 2013고단1863

상해

Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Incheon District Court on August 18, 2011, and was sentenced to two years and six months on March 15, 2012, and the said judgment became final and conclusive on March 15, 2012 is currently serving a sentence in the Daejeon Prison.

On February 21, 2013, the Defendant, at the 11st floor of Daejeon Prison 9 Dong Dong-dong, Daejeon Pungdong-dong, Daejeon Pungdong-dong 36 on February 21, 2013, concluded that the victim C in the same ward used a toilet for a long time, and that he/she used a toilet for a large volume of sound, the Defendant, while she talked with the Defendant, who expressed his/her desire to “Schip” as “Schip.

The body contacted, the victim's face face is 2 times on the right side of the victim, and the victim's right side over the right side was injured two times on both sides of the victim's body requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Investigation report (including a copy of the medical certificate and medical record attached thereto);

1. The application of Acts and subordinate statutes to criminal records, fine records, and confirmation reports;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. In light of the fact that the defendant committed the instant crime in prison due to the reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, and committed the instant crime in prison during the unconvicted confinement, and the victim’s failure to recover from damage, etc., the punishment was determined as above, by taking into account the following factors: (a) the degree of injury of the victim is not minor; (b) the details of the instant crime; and (c) the Defendant’s mistake is against the law.

It is so decided as per Disposition for the above reasons.