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(영문) 대구지방법원 의성지원 2019.01.10 2018고단214
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 31, 2018, at around 16:15, the Defendant: (a) considered that the victim C(the age of 46) admitted to the same prison was disregarding the victim himself/herself; (b) considered the victim’s face, etc. four times in drinking, the Defendant inflicted injury on the victim in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Written descriptions of C, E, and F;

1. Matters to be observed by Dong affairs, work reports, medical certificate of injury, register of prisoners' duty, application of Acts and subordinate statutes to victim photographs;

1. The sentencing factors indicated in the pleadings of the instant case, such as the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding the crime, the reasons for sentencing of the choice of imprisonment, and other factors, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined in the same manner as the order.

The favorable circumstances: The defendant acknowledges his mistake, repents, and does not repeat the offense, and does not faithfully lead a prison life.

D. Unfavorable circumstances: the Defendant had the capacity to punish 17 times (five times of imprisonment, one time of suspension of execution, and 11 times of fine) due to violent crimes including murder, and the punishment in prison has been several times, and the Defendant committed the instant crime again without being aware of it during the convict period.

The victim was unable to recover the damage and the victim was punished for the defendant.

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