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(영문) 대구지방법원 의성지원 2017.11.30 2017고단267
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 21, 2017, at around 18:50, the Defendant assaulted the victim on the ground that the victim was unable to carry out an unfolding movement, such as unfolding at the victim C (52) who was the person who was admitted to the same ward, and caused the injury to the victim and the left-hand side of the inner wall that need to observe six weeks of the lapse of the period and the inner wall, by assaulting the victim on the part of the victim at around 20:30 on the same day.

2. On July 21, 2017, around 22:20, the Defendant: (a) assaulted the victim on the part of the victim E (40 years old); (b) committed an assault to the victim; (c) on the part of the victim E (40 years old), on the premise that the Defendant would be able to accommodate the Defendant in prison if the Defendant was involved in an assault accident in the 11-year lower floor D of the 11 pung-do, Gyeongbuk-do, Gyeongbuk-do; (d) on the part of the victim E (40 years old) who was a person who was admitted to the same ward for drinking and drinking purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes concerning medical records, medical certificates, and damaged photographs of victims;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) One type (general injury) of ordinary injury area (from February to one year);

(b) Persons who are specially mitigated: Those who are not subject to punishment;

(c) The scope of final sentence due to the aggravation of multiple offenses: February to June; and

2. Determination of sentence: The crime of this case in June is committed by the defendant in a prison for the purpose of assaulting and injuring a prisoner in an unbrupted condition two times, and the nature of the crime is not weak in light of the form of the crime and the degree of injury suffered by the victims, etc.

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