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(영문) 대구지방법원 의성지원 2018.08.30 2018고단97
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 10, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. at the Suwon Methods Board, and completed the execution of the sentence on December 8, 2015. On February 9, 2017, the Defendant was sentenced to six months of imprisonment with prison labor due to a special intimidation, etc. at the Suwon Methods Board, and completed the execution of the sentence on May 27, 2017.

On May 16, 2018, the Defendant shouldered the victim on the ground that the victim D(53 tax) who is accommodated in the same room is laid in the victim’s neck located in the same room and remains, from around 03:0 on May 16, 2018, the Defendant “the same bru, dead, and discarded bru of this garbage” to the victim.

The facts charged as follows are stated as follows: “I wishing to write the victim’s neck by hand,” and the facts charged as “I am a bad son,” but they are corrected ex officio as there is no concern that there is a substantial disadvantage in the exercise of the defendant’s right of defense.

When considering the victim's face one time, the victim suffered injury to the victim in the framework of the pelpel that requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or E;

1. F and E written self-statements;

1. A standing photograph and a medical certificate;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, and current status of personal confinement [the defendant has priceed on the left floor of the crime;

One of the arguments, in light of the witness's statement and the part of the injury, it can be recognized that the fact was found as a witness's loss.

Application of Statutes

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is to recognize and repent the defendant's mistake on behalf of him. However, the crime of this case is not good because the defendant, despite the correctional officers' restraint, has already been punished 14 times (6 times of imprisonment, 6 times of suspended execution, 7 times of fine) by violence. In particular, the defendant committed the crime of this case again even during the period of repeated crime due to the same kind of crime.

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