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(영문) 서울남부지방법원 2018.10.10 2018고단2380
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal record] On May 8, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Ansan Prison on February 21, 2016.

[2] On March 19, 2018, the Defendant suffered bodily injury on the right 40 days right-hand 35 days to the right-hand d apartment C, Geumcheon-gu Seoul Metropolitan Government apartment C, and on the part of the victim E (53 tax) dispute with the victim E (53). In doing so, the Defendant sustained bodily injury on the right-hand 4 days to the right-hand dives in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect of the police against E;

1. A written diagnosis of injury to E;

1. Investigation report (to hear statements from victims E);

1. Investigation report (related to submission of suspect Eth injury diagnosis report);

1. Photographs damaged (E);

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records of the same kind), judgment [the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Defence, etc.) in Seoul Southern District Court 2015 Gohap 81], and the current status of personal

1. Relevant Article 257 of the Criminal Act and Article 257 of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury (the scope of general injury) and the aggravated area (six months to two years) (the specially aggravated person] of the same kind;

2. The Defendant, who was sentenced to punishment, did not know even during the period of repeated crime, committed the instant crime, and had already been punished by a fine for the crime during the period of repeated crime.

Despite the history of criminal punishment several times for violent crimes, recidivism was made without improving character and behavior.

The victim was 5 weeks of attention, but did not recover particular damage, and the victim was able to punish the defendant.

There are such unfavorable circumstances.

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