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(영문) 전주지방법원 2017.03.17 2016고단2272
상해
Text

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

Reasons

Punishment of the crime

On October 31, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court, and completed the execution of the sentence on March 28, 2016.

On February 4, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the crime of bodily injury at the Daegu District Court’s branch, and was sentenced to two times on November 3, 2016 at the Jeonju prison on the execution of the sentence at the Jeonju prison, Jeon Man-gu, Jeon Man-ro, 2034, which was in the execution of the sentence, and the victim D who was confined in the same ward did not share his/her role in the ward on the ground that the victim D was infected with the same ward on the ground that he/she was at the same time in the ward, and was dissatisfied with the victim’s face at least two times at the victim’s face, which was the victim’s 2-cm level below the margin.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D, E, and F;

1. Written statements of D, E, and F;

1. G working report;

1. Current status of information on prisoners by ward;

1. Certificates of confinement;

1. Medical records of prisoners (D);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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 recommending punishment] and the mitigation area (two months to one year) [the special aggravated person] of the same type repeated crime (the special mitigated person] of the same type of repeated crime;

2. There are records that the defendant had been subject to criminal punishment several times for the same kind of crime, and in particular, the defendant committed the crime of this case without being aware of the period of repeated crime and the period of punishment for the same crime.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and the victim does not want the punishment of the defendant.

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