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(영문) 대전지방법원 2020.07.22 2020고단2311
폭력행위등처벌에관한법률위반(상습상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 25, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Cheongju District Court, and on July 22, 2015, the Daejeon District Court sentenced one year and eight months of imprisonment for the crime of injury, etc. at the Daejeon District Court, which became final and conclusive on November 20, 2015, and completed the execution of the said sentence at the Daejeon Prison on August 7, 2018.

【Criminal Facts】

On April 13, 2020, the Defendant, at around 16:10 on April 16, 2020, fested to Sejong Special Self-Governing City 215, drinking spring water, and drinking water in relation to the victim’s horse dispute in relation to the victim’s late-of-the-land, and caused the victim’s knee part of the face and the chest part of the victim’s breast part, etc. on several occasions, and caused the victim’s knee part of the victim’s knee part in drinking, and caused the victim’s injury, such as kne part of the victim’s kne part of the victim’s face and kne part of the chest part of the breast part of the victim.

Therefore, even though the defendant had been sentenced to imprisonment more than twice due to the crime of injury, he again inflicted an injury on the victim during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate;

1. 112 Reporting case management table;

1. Photographs of the victim;

1. Previous convictions indicated in the judgment: Criminal history records, return on investigation (a) (a) and attachment of criminal records of the same kind, report on criminal investigation (a summary order, attachment of judgment), and application of Acts and subordinate statutes;

1. Article 2(3)3 and (2)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257(1) of the Criminal Act (i.e., the relevant provision is an injury that is punishable as a repeated offense; therefore, the relevant provision has the nature of a special provision on the provision for a repeated offense under Article 35 of the Criminal Act, and it can be deemed that the illegality and responsibility of a repeated offense has already been already taken into account in the statutory punishment for the elements of a repeated crime, and therefore, the

1. Article 62 of the Criminal Act:

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