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(영문) 제주지방법원 2015.5.29.선고 2015고단42 판결
상해
Cases

2015 Mano42

Defendant

o○ (1983years)(1983)

Prosecutor

He/she is guilty of a prosecution, a scarcity, and a trial.

Defense Counsel

Attorney Gangwon-gu (Korean National Assembly)

Imposition of Judgment

May 29, 2015

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Facts of crime

On February 13, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jeju District Court on February 13, 201, and the judgment becomes final and conclusive on February 21, 2014, and is currently in the period of suspended sentence. On June 27, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jeju District Court on June 27, 2014, and the Defendant appealed and appealed on September 4, 2014, and the judgment dismissing the appeal becomes final and conclusive on September 12, 2014, and is currently being executed in the Jeju

On November 23, 2014, the Defendant suffered bodily injury, such as a coloning, etc., in order to care the victim's face at about five weeks by making the victim's face at one time due to her own drinking, while staying in the 10 room of the Jeju Prison in Jeju-dong 3-dong 3-dong 42, which was located in Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of statement to the police officer about ○○;

1. A medical certificate;

1. Previous convictions: Investigation of criminal records, investigation reports (reports during the period of suspension of execution of sentence), and application of Acts and subordinate statutes of confinement certificate;

1. Relevant provisions of criminal facts: Article 257 (1) of the Criminal Act;

1. Selection of penalty: Imprisonment;

The reason for sentencing is that the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) and was sentenced to a suspended sentence on February 21, 2014. The judgment became final and conclusive on January 17, 2014, before the judgment becomes final and conclusive, and again commits a violation of the Punishment of Violences, etc. Act (abstinence, deadly weapons, etc.) around January 27, 2014, and was sentenced on June 1 and June 27, 2014, and became final and conclusive on September 12, 2014, without being aware of the fact that the Defendant was serving in the main prison and was still serving in the same line. The place where the Defendant caused the instant crime is a closed space as a prison, and the victim is more vulnerable to defense or response due to the characteristics of the prison, and the victim’s degree of injury is also serious. Therefore, the Defendant is not obliged to stop his/her behavior and face even if he/she did not appear with the victim.

Accordingly, the sentencing criteria and the defendant recognize all criminal facts, the character and behavior of the defendant, motive of the crime, circumstances after the crime, family relationship, etc. shall be determined in consideration of the following factors.

[The criteria for sentencing are not less than the first category (general injury) category (general injury) category (general injury category) category (general person: serious injury, and the same sentence and the scope of recommendation that do not correspond to repeated crimes: 6-2 years of imprisonment). It is so decided as per Disposition.

Judges

Judges Kim Gin-Un

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