(영문) 인천지방법원 2016.11.11 2016고단4853

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(영문) 인천지방법원 2016.11.11 2016고단4853

상해

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for night intrusion and larceny at the Incheon District Court on November 13, 2015. On April 28, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny at the same court on April 28, 2016, and the said judgment became final and conclusive on October 14, 2016.

On June 4, 2016, at around 23:30 on June 4, 2016, the Defendant: (a) was divingd by the victim E in the Cdong, Incheonnam-dong, Incheon House D, which was in the school-interest-dong, and was pushed back with the victim E; (b) was pushed down the other party; and (c) was satisfing the ebbbage of the victim; and (d) the face of the victim could not be known to the victim; and (d) sustained the victim’s face, the Defendant was satisfing with one upper part of the face, and the entire face was h

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of F, G and H;

1. A report on investigation (victim photographs);

1. Previous records: Criminal records and application of statutes governing judgment;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, in which the defendant had already been subject to criminal punishment several times, re-offendered during the period of repeated crime due to the previous conviction in the judgment, and the fact that no agreement has been reached with the victim is unfavorable to the defendant, the defendant is against the defendant, and the crime is recognized. The fact that the crime of this case is in a habitual larceny and concurrent crime under the latter part of Article 37 of the Criminal Act, which are favorable to the defendant, shall be determined

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