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(영문) 부산지방법원 2014.01.22 2013고단8359
상해
Text

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

Reasons

Punishment of the crime

On August 16, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Busan District Court on August 16, 2012 and completed the execution of the sentence at the Busan Detention Center on February 7, 2013.

On March 24, 2013, at around 00:30, the Defendant suspected the Defendant, who drinks alcohol, such as the victim E (the age of 34) in the Geum-gu Busan Metropolitan City, with no cash of 80,000 won in the body of the victim, and caused injury to the victim once, her face was taken over by the victim and the body fighting with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and personal confinement information;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders seems to have committed the instant crime contingently, but the Defendant has not completely recovered from damage even though he was in serious injury, and there was a history of having been punished several times as a same crime, and the Defendant again committed the instant crime even during the period of repeated crimes, such as the motive, means and consequence of the instant crime, the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the instant crime. In full view of various circumstances, which are the conditions for the instant sentencing, including the Defendant’s age, character and behavior, environment, criminal records, etc.

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