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(영문) 대전지방법원 공주지원 2017.12.22 2017고단373
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On April 1, 2016, the Defendant was sentenced to eight months of imprisonment for a special assault by the District Court for the Defendant, and the sentence became final and conclusive on April 9, 2016, and completed the execution of the sentence in the Jung-gu prison on July 14, 2016.

[2] On November 10, 2017, at around 11:05, the Defendant: (a) boarded the seat No. 3, 194, which started from the Seocho-gu Seoul Seocho-gu New Distribution of Seocho-gu Seoul, Seoul, to a factory owner after boarding the seat No. 7, which started from the 194 Seoul High-speed Bus Terminal; (b) on the same day, around 11:25, the Defendant: (c) caused the victim D (at the age of 75) who was seated in the same bus No. 5; (d) caused the victim’s injury to the victim with approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. 112 reported case handling table, internal investigation report, and investigation report (a counter investigation of a bus engineer boarding by the injured party);

1. A diagnosis certificate of injury, copy of the bus list of victims D, and photographs of damaged parts;

1. Previous convictions: A response to inquiries about criminal history, each investigation report (report on confirmation of the period of repeated crime and reporting on the records of the same crime), and application of each of the written judgments;

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

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

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for the reduction of mental and physical weakness [the scope of recommending punishment] general injury [the scope of recommending punishment] under Article 10(2) and Article 55(1)3 of the Criminal Act: (a) the mitigation area (two to one year); (b) the minor injury (special mitigation (special mitigation (special mitigation)); (c) the mental and physical weak (no person responsible for himself) / [decision of sentence] the defendant committed the instant crime during the period of repeated crime; (d) the defendant committed the instant crime during the period of repeated crime; and (e) the punishment of imprisonment is inevitable.

However, considering the fact that the defendant is led to confession, is in depth against himself, and is deemed to have committed the crime under the mental and physical weakness.

Accordingly, the defendant's person.

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