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(영문) 대전지방법원 2018.11.29 2018고단2909
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant was sentenced to six months of imprisonment for an injury at the Daejeon District Court, and completed the execution of the said sentence on November 10, 2017.

On June 12, 2018, at the smoking room of the "C" located in Seo-gu Daejeon, Daejeon around 02:20 on June 12, 2018, for the reason that the victim D (20 years old) ignores himself, the Defendant, who was kneeb, sold the victim's face with the victim's knee, thereby causing injury to the victim, who was in need of treatment for about 28 days, and who was in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. A damaged photograph;

1. Previous convictions: Results of the search of prisoners, results of the investigation conducted by prisoners, and the application of Acts and subordinate statutes reporting such past conviction;

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

1. Within three years from the completion of the sentence for the same kind of crime as the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes, the degree of injury is not somewhat weak (the records of the same kind of crime also correspond to the repeated crime with regard to the records of the previous crime). In light of the age of the defendant, violence is likely not to be damp.

In this context, the punishment shall be determined in consideration of the defendant's reflectivity, the agreement with the victim, and the sentencing factors of Article 51 of the Criminal Act.

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