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(영문) 대전지방법원 2020.04.23 2019고단1058
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 7, 2015, the Defendant was sentenced to imprisonment with prison labor for serious injury at Daejeon District Court for one year and six months, and completed the execution of the sentence in the official prison on June 6, 2017.

【Criminal Facts】

On July 21, 2018, the Defendant stated to the effect that he would drink as the victim B (age 37) in Daejeon-ro 785, Daejeon-ro 49, Daejeon-gu, Daejeon-dong, Daejeon-ro 785 on July 21, 2018, the Defendant refused it, and the victim refused it, followed the victim’s face face by 2 to 3 times by leaving the victim’s face up to the floor, and then putting the victim’s face and head face up to the floor, and caused the victim’s injury to the victim’s face and head part requiring approximately two weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (the statement on the first and second trial date);

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Each statement of B and C;

1. An injury diagnosis certificate (B);

1. A photograph (a photograph recorded at the time of reporting), CD (video storage);

1. A report on the occurrence of an injury, report on internal investigation (investigation by telephone of a victim), report on internal investigation (specific A of a suspected suspect), investigation report (Attachment to photographed images on the face of a suspect's assault);

1. Previous records of judgment: Application of criminal records, investigation reports (applicable to the same kind of criminal records, repeated crimes, and confirmation) and Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (special injury (special injury) mitigated factors: Minor injury (1 and 4) aggravated factors: Reduction area of repeated crimes of the same kind (the area of recommendation and recommendation range) mitigated, and February through October;

2. The Defendant who was sentenced to sentence recognized the instant crime.

In addition, the degree of injury suffered by the victim is relatively limited.

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