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(영문) 창원지방법원 진주지원 2014.05.27 2014고단327
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 21, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of injury, damage to property, and so on, the Defendant completed the execution of the said sentence on April 18, 2012.

At around 06:30 on March 23, 2014, the Defendant, while talking with the victim D (the age of 72) who is the above apartment security guard on the problem of repair of the above apartment that the Defendant’s punishment resides in the Jinju City apartment complex, was leading the victim’s face, hair and chest with his hand on the ground that the victim’s verbal speculation was not involved, and caused the victim’s injury, such as cerebral thale and pule, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph of parts of the victim's body;

1. A medical certificate and opinion;

1. Previous records before ruling: Application of Acts and subordinate statutes on criminal records, etc., investigation reports (including a copy of the judgment, etc., and confirmation at the end of execution);

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

1. The reason for sentencing Article 35 of the Criminal Act, among repeated crimes, is that the Defendant had been sentenced several times for the same crime, but has committed another crime during the period of repeated crimes, and the victim has not been recovered from damage, and the victim has not been punished for a severe punishment, it is inevitable to sentence sentence in light of the following:

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, family environment, health conditions, and circumstances after the crime.

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