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(영문) 대전지방법원 홍성지원 2018.02.20 2017고단797
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 16, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Seoul Southern District Court, and on June 2, 2017, the Seoul Southern Southern District Court completed the enforcement of the sentence.

[2] On October 16, 2017, the Defendant, at around 22:00, inflicted an injury on the victim D (at around 54 years of age)’s main points in the operation of the Chungcheongnam-nam Budget Group C, on the part of the Defendant: (a) by drinking alcohol on the part of the Defendant; (b) by drinking alcohol on the part of his head; and (c) by drinking alcohol on the part of his head; and (d) by drinking alcohol on the part of his head; and (b) by taking several times the body of the victim’s face by drinking alcohol; and (c) taken several times the body of the victim, the Defendant inflicted an injury on the victim, such as d

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police for E;

1. On-site photographs and investigation reports (Attachment of the table for the handling of reported cases);

1. Reports on internal investigation (Submission of a written diagnosis of injury of a victim);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and one copy of the personal confinement status;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] general injury (6 months to 2 years) in the area of aggravation (6 months to 2 years) of the same type of repeated crime [the person subject to special aggravation] [the sentence] under the following circumstances, and other conditions of sentencing recorded in the records, such as the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, the circumstances of the instant crime, and the circumstances of the crime, etc., shall be determined as per the order.

A favorable circumstances: A normal circumstance that the degree of injury of the victim is not excessive: The defendant seems to have never shown that there is a cause for the occurrence of the case and there is no room to avoid liability; the defendant has been punished for the same kind of violent crime, and even during the same repeated crime period, the defendant committed the crime of this case; the defendant seems to have abused the victim ten days prior to the occurrence of the case; the victim is the victim's disability due to the crime of this case.

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