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(영문) 부산지방법원 동부지원 2017.11.09 2017고단1497
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 15, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of injury, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( drivers’ assault, etc.) at the Busan District Court, and the judgment became final and conclusive on August 26, 2016, and completed the execution of the above punishment on January 10, 2017 at the Busan Detention House.

On July 21, 2017, at around 01:50, the Defendant placed the front line of “E” located in Busan Shipping Daegu D, and placed the victim F’s face and part of the victim F on a hand, on the ground that the victim F(39 years of age) and the victim G (39 years of age) are in bad condition, and placed the victim F’s face and part of the victim F on a hand, and then placed the victim F on a part of drinking, when the victim G faces the face part of the victim G, the Defendant took care of the victim F on a hand, and put the victim F on a non-pel frame and part of the inner and inner part, the examination result, and the victim’s internal part and the examination result, respectively, requiring treatment for about 14 days, for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Statement made by the police with regard to F;

1. Two copies of the F photograph, two copies of G photograph, and each injury diagnosis report; and

1. Previous convictions: References to criminal history, investigation reports (prior convictions and confirmations of repeated crimes), and application of Acts and subordinate statutes concerning the personal confinement status;

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. The instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes is deemed to have been committed by the victims solely on the grounds that the victims are deemed to be bad in front of the main place. The crime of this case is not bad in its nature, and the Defendant has been punished several times due to violent crimes, including three times of punishment. In particular, on June 15, 2016, the Busan District Court was sentenced to imprisonment with prison labor for and on August 26, 2016, and the judgment became final and conclusive on August 10, 2017, without being aware of the fact that the execution of the said sentence was completed and was during the period of repeated crime, and only six months thereafter.

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