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(영문) 전주지방법원 2017.06.30 2017고단378
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jeonju District Court on June 12, 2015, and completed the execution of the sentence on December 9, 2015.

On January 24, 2017, at around 1:00, the Defendant, under the influence of alcohol in front of D on the so-called So-young-gu Seoul Metropolitan City, had the face of the victim E (58 years of age) flick-gu, without any reason, go beyond the victim’s body by hand, and had the victim’s body flick-gu, flick-gu, the Defendant sustained the victim’s body by flick-gu, flick-gu, flick-gu, flick-gu, flick-gu, flick-gu, flick-gu, flick the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Investigation report (Adjustment of the contents of currency with the victim);

1. A photo of the damaged part;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of repeated crime period);

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reviewing the sentencing criteria [the scope of recommending punishment] General Injury (the scope of general injury) of category 1 (the imprisonment of two months to one year) (the person subject to special mitigation] and non-members of punishment (the person subject to special aggravation] of the same type of repeated crime;

2. As for the circumstances favorable to the determination of sentence, the fact that the defendant recognized the crime of this case and led to an agreement with the victim.

There are relatively much cases where the victim suffered injury due to unfavorable circumstances, the defendant has been subject to criminal punishment several times for the same kind of crime, and the defendant has committed the crime of this case during the period of repeated crime due to the same crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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