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(영문) 전주지방법원정읍지원 2020.10.06 2020고단444
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 25, 2020, the Defendant was confined in the Jung-Eup prison located in Jung-dong-dong-dong-ro 45, and the Defendant, on July 25, 2020, while moving to the playground for the campaign in the above prison, expressed that the victim B (Nam, 43 years of age) who was a prisoner of his body did not flickly fights the Defendant before the Defendant, expressed his desire to “Badin Ba-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Each written self-statement;

1. A working report;

1. A report on investigation;

1. A criminal investigation report (injury medical certificate and medical examination and treatment record);

1. Certificates of confinement and criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (verification of violent power);

1. The relevant Article of the Criminal Act and Article 257(1) of the Criminal Act that has the reason for sentencing with respect to the crime were punished twice by a fine for an injury. On November 27, 2019, the Defendant was sentenced to imprisonment with prison labor for a period of one year on the grounds of special injury.

After detention, the Defendant was punished by a fine, etc. (including fine of 500,000 won on February 12, 2020, fine of 1 million won on April 28, 2020, and no prosecution on May 29, 2020) by exercising three-time violence in the Busan detention center.

On August 18, 2020, the defendant was subject to a disposition not to prosecute other persons even after he was transferred to a regular Eup prison.

On July 21, 2020, the Defendant: (a) received a warning to detect a violation of discipline from the victim B on the part of the victim B; and (b) committed assault against the said victim on July 25, 2020 while moving to an election campaign.

The degree of injury of the victim was not much serious, and the damage was not repaid.

It is necessary to seriously warn the defendant as he has continuously exercised violence in prison.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime are considered as a whole.

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