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(영문) 창원지방법원 진주지원 2017.07.19 2017고단237
상습상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 27, 200, the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Punishment of Violences, etc. Act in the Changwon District Court's Jinju branch on September 27, 200. On November 16, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (injury to night groups, deadly weapons, etc.) at the Changwon District Court on November 16, 2004. On September 9, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (injury to groups, deadly weapons, etc.) at the Changwon District Court's Jin branch branch on September 9, 200, and was sentenced to imprisonment with prison labor for a total of 17 times of violent crimes, and

On January 14, 2017, the Defendant: (a) around 02:45, around 02:35, around 14, 2017, around C D'B located in Jinju-si, for the reason that the victim D (57 taxes) was injured in the said main shop operator and the said main shop operator, and took one time the victim’s face face level over the floor and one time with knee.

As a result, the defendant habitually damaged the victim's character of face that needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written diagnosis of injury;

1. CCTV images;

1. A protocol concerning the examination of suspects of D;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (reports on previous convictions and results of confirmation of such previous convictions, and attaching judgments of the same kind of crime);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Grounds for sentencing under Articles 264 and 257 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The measure of recommending the application of the sentencing criteria: The person who is subject to the special sentencing in one year and six months from June to two years (basic areas): The person who is not subject to the punishment; and

2. Circumstances that are disadvantageous to the decision of sentence: The defendant was sentenced to imprisonment with prison labor for one year and six months in 2004 and one year and six months in 2008 for violent crimes, and in the recent years, a fine of 4,000,000 won as a crime of bodily injury on January 24, 2017, and a fine of 2,000 for special assault on January 16, 2017.

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