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(영문) 창원지방법원 통영지원 2015.03.25 2014고단1008
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On July 20, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Changwon District Court’s branch on July 20, 2012, and was released from the detention center on November 16, 2012.

On August 16, 2014, the Defendant: (a) around 22:35, around 22:35, at the accommodation of Defendant Company C 102 301, and (b) at the victim D (year 44) who is a company partner; (c) brought about a dispute with the victim D (year 44); (d) 4-5 times the face part of the victim; (e) string the string presses located on the floor of the living room (around 17cm in size, about 10cm in diameter; 10cm in diameter); and (e) flad the victim’s head part, such as flabing the victim over the bottom and destroying the victim’s 14-day treatment, the Defendant took two open measures that require approximately 14 days’ treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A medical certificate of injury, or photograph;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on the results of confirmation before disposition), and application of statutes governing judgment;

1. Relevant laws concerning criminal facts, Article 257 (1) of the Criminal Act that choose a penalty, and the choice of imprisonment;

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

1. The scope of applicable sentences under law: Imprisonment for one month to 14 years; and

2. Scope of recommendations according to the sentencing guidelines (decision of types) of general injury (general injury by person in special form) - Aggravation factors: In the area of aggravation [decision of the recommended area] of the same repeated offense (decision of the recommended area]: Six months to two years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months - A certain amount for the victim: The fact that a certain amount is deposited for him/her; unfavorable circumstances: majority of previous crimes of the same kind, repeated crimes, grounds for suspended execution, risk of means of crime, and severe punishment for the victim;

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