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(영문) 부산지방법원 서부지원 2018.05.04 2018고단201
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act at the Busan District Court on August 18, 2016, and completed the execution of the sentence at the Busan Correctional Institution.

On October 11, 2017, the Defendant, at around 04:00, inflicted an injury on the victim’s face, such as face face, which requires approximately four weeks of treatment, on the ground that the victim D (34 tax) (34) was able to act in a cafeteria near Busan Northern-gu B, Busan, and that the victim’s face was able to act in an exceptional manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Submission of diagnosis certificates and reference materials;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Confirmation during the period of a suspect, repeated crime) statute;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the sentencing guidelines recommended] - The basic area of general injury (from April to January 1) / [decision of sentence] the Defendant’s criminal records and past convictions due to violent crimes, as well as the crime of this case during the period of repeated crimes, the Defendant committed the crime of this case unilaterally and arbitrarily, and the degree of injury is not less than that of the victim. The Defendant was not well-founded to the victim, and the victim seems to have failed to have been properly punished, and the victim wanted to be punished by the Defendant.

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.

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