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(영문) 수원지방법원 안산지원 2016.12.22 2016고단1654 (1)
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

Defendant

On December 12, 2013, A was sentenced to eight months of imprisonment for larceny in the Seoul Southern District Court, and the execution of the sentence was terminated in the Seoul Southern District Court on March 1, 2014.

The defendant and the victim have been confined in a chronological vocational training prison and become aware of.

On March 15, 2016, the Defendant: (a) around 10:25, the 10:00 p.m. on the 10:25 p.m., the 741 p.m. Masung vocational training correctional institution (57 years of age) and the Defendant, within 741 p.m., in the 4-dong area C, 741 p.m., the Defendant called, “the Defendant off the h.m. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding D;

1. Statement made by the police in relation to D and E;

1. Before judgment: Submission of career data of crimes A, submission of a copy of A confinement register, and application of each Act and subordinate statute stated in investigation report (verification of the fact of release of a suspect against A);

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

1. In general, the scope of the reasons for sentencing under Article 35 of the Criminal Act among repeated offenders: (a) the mitigation area (two months to one year) of the mitigated area (two months to one year); (b) minor bodily injury (the type of one and four) has multiple criminal records against the Defendant; and (c) recidivism during the repeated period. On the other hand, in this case, in consideration of the nature of the crime and the circumstances that assault the reduction of the capital using the same room during the prison period, the sentence shall be imposed, and the sentence shall be imposed by taking into account the circumstances that the nature of the crime and the circumstances of the crime are not less exceptionally, but the sentence shall be determined like the order (four months of imprisonment).

It is so decided as per Disposition for the above reasons.

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