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(영문) 수원지방법원 2017.10.20 2017고단672
상해
Text

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

Reasons

Punishment of the crime

[criminal records] On May 13, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Suwon prison, and completed the execution of the sentence on July 12, 2015 at the Suwon prison.

[2] On December 5, 2016, the Defendant: (a) around 23:15, and around 23:15, the Defendant: (b) within the “D main points in Ma in Masung; (c) he received a demand from the victim E (52) who is a customer during singing; (d) her body was pushed the victim’s body; and (e) her body was pushed the victim’s body; and (e) her body was pushed the victim’s body, then she then tights the victim’s body, then tights the victim’s body into the shock shock; and (e) caused the victim’s face by hand, he/she suffered injury, such as inside a 8-day area where treatment is required for approximately 8 weeks; and (e) he/she sustained the victim’s face by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Investigation reports (on-site CCTV investigations);

1. A medical certificate of injury and a medical certificate;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, the current status of personal confinement, and the application of relevant statutes;

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

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

1. The scope of recommended sentences on the sentencing guidelines of the Sentencing Committee of the Supreme Court Sentencing / [type] the scope of general injury to violent crimes in general / [type] the aggravated area [special aggravated factors] shall be sentenced to imprisonment with prison labor for six months from six months to two years;

2. In light of the fact that the Defendant, who was sentenced to a sentence, inflicted a serious injury upon the victim, such as the victim’s eye, malute, and malone, committed during the period of repeated crime, and that it did not reach an agreement with the victim until now and that it seems that the victim’s damage was not recovered, it is inevitable to severely punish the Defendant.

However, it is advantageous to the defendant that the defendant recognized his mistake and reflected his mistake, and that the defendant seems to be somewhat responsible for the background of the occurrence of the crime.

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