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(영문) 창원지방법원 통영지원 2020.03.27 2019고단1206
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to two years of suspension of the execution on September 21, 2018 by the Busan District Court for injury, etc., and the judgment was finalized on September 21, 2018, and on August 19, 2019, the suspension of execution was revoked, and the execution of the sentence was terminated on October 7, 2019.

At around 21:00 on July 6, 2019, the Defendant requested C Hospital D and the victim E (manam and 55 years of age) using the same sick room to repay debts, and had the victim's face at around 5 to 6 times in drinking, and had approximately 45 days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written appraisal commission and response to the request for appraisal;

1. Photographs of a victim;

1. Previous convictions: References to criminal records and investigation reports (the fact that a suspect is under probation and confirmation of the same kind of records);

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. Determination of sentence: A year Defendant already committed the instant crime even though he was punished for the same kind of crime and was under suspension of execution.

The above facts and the defendant's age, character and conduct, environment, motive and circumstances leading to the defendant to commit the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other factors of sentencing as prescribed in Article 51 of the Criminal Act as stated in the records of this case shall be determined as ordered.

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