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(영문) 창원지방법원 진주지원 2020.04.01 2020고단91
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 21, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of obstruction of performance of official duties in the Incheon District Court’s Branch, and completed the execution of the sentence in the Incheon Detention Center on January 6, 2017, and on October 23, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for night building intrusion larceny in the Changwon District Court’s Jinwon Branch Branch, and completed the execution of the sentence in the Jungbukbuk Branch, the third prison on August 26, 2019.

On December 11, 2019, at around 23:14, the Defendant, at the top of the “C” convenience store in Jinju-si B, told the victim D (38 years of age) who was drinking food at the same place without any particular reason under the influence of alcohol, and told the victim to walk the victim’s left top door and walk the victim’s face. The Defendant saw the victim to walk the victim’s face.

After the victim reported 112, the defendant continued to restrain the defendant, and the victim's face was ppuri once again, and the victim's face was debrised, and approximately three weeks of treatment was faced with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs, each 112 Reporting Report Processing table, injury diagnosis certificate, and Tongwon Certificate; and

1. Previous records of judgment: Criminal history records, investigation reports, confirmation of repeated crimes, judgment and personal confinement status, judgment and summary order;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. General injury the scope of recommended sentences according to the sentencing criteria [Type 1] general injury area (a repeated crime of the same kind) and six months through two years and six months;

2. Although having been punished several times for crimes accompanied by decision-making violence, recidivism was committed during the period of repeated crime resulting from violence, and four months have not passed since the execution of imprisonment due to other crimes was completed.

On the other hand.

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