(영문) 춘천지방법원 원주지원 2019.06.12 2019고단331

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(영문) 춘천지방법원 원주지원 2019.06.12 2019고단331

상해

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

Criminal power is a person who was sentenced to two months to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Jung-gu District Court on July 20, 2017 and completed the execution of the sentence in the Jung-gu prison on September 27, 2017, and on June 15, 2018, in the Jung-gu District Court sentenced ten months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Inflicting Injury) at the Jung-gu District Court on June 15, 2018, and is in the execution of the sentence in the original prison.

Criminal facts

On March 9, 2019, at around 17:15, the Defendant stated that the victim C (the age of 34) who was a prisoner in prison, was engaged in an unfash appraisal in the main prison B room of the original prison, refers to the Defendant, and said, “Wed up a biff biff biff biff biff biff biff biff biff biff biff biff biff.”, the Defendant carried the victim’s left face at about 10 times, and inflicted an injury on the victim, such as an oral wound, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, and E;

1. Each investigation report and photographs of the body part of the victim;

1. Application of statutes concerning criminal records;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 35 of the Criminal Act, among repeated crimes, is that there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is divided in depth, and that the defendant's health condition is not good, but is different from that of the previous case. Furthermore, the defendant committed the crime of this case without being aware of even though he was in the period of repeated crime, and the crime of this case is not less than the nature and crime of the crime in light of the method and result, etc., and the crime of this case is not agreed with the victim, and it is not easy to agree with the victim, and all other circumstances such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, occupation, family relation, health status, etc. are determined as ordered.

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