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(영문) 전주지방법원 정읍지원 2017.03.09 2016고단172
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On February 6, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor by assault, etc. at the Jeonju District Court on February 7, 2016, and completed the execution of the sentence at a military prison.

[Criminal facts]

1. On April 27, 2016, around 22:00 on April 27, 2016, the Defendant injured the Victim C by drinking a part of the Victim C (47 tax) who frank in the side without any particular reason under the influence of alcohol within the OO store located in the U.S., U.S., U.S. (D.).

As a result, the Defendant inflicted bodily injury on the victim, such as brain salute, which requires medical treatment for about two weeks.

2. The Defendant who injured the victim E is at the time and place specified in paragraph 1, and whether the victim E (the 50-year-old age) who committed the act of the above C is “hicking” against the Defendant.

As referred to in “the victim’s head was pushed down by batling bat and drinking the victim’s head at one time.

As a result, the Defendant inflicted bodily injury on the victim, such as brain salute, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. Each written diagnosis;

1. Photographs of victims, etc.;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on criminal records of the suspect) statute;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [The reason for sentencing] Type 1 of the general injury to the military of violent crimes / [the person subject to special aggravated sentencing] of the same type / [the person subject to recommended sentencing] / [the scope of recommended punishment] 6 months to 2 years [the scope of recommended punishment] from 6 months to 2 years [the decision of sentencing] was committed by the defendant when committing a crime, and the degree of injury suffered by the victims is not significant, and the defendant has been punished several times for violent crimes, and the victims committed the crime of this case since they were punished several times for violent crimes even during the period of repeated crime, and the victims committed the crime of this case by the defendant.

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