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(영문) 의정부지방법원 2016.11.18 2016고단3565
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and completed the execution of the sentence on February 16, 2013.

【Criminal Facts】

At around 02:30 on January 26, 2016, the Defendant, at the main point of “I” located in H of Eunpyeong-gu Seoul Metropolitan Government on the following occasions: (a) was a monetary problem while drinking alcohol with the victim J (the age of 42) who was known to that of Eunpyeong-gu; (b) was moving the victim in the future of the above main point; and (c) was taking the victim’s face and side gate in drinking; and (d) was inflicted an injury on the victim, such as the victim’s blue blue blue blue flue flue flue flue, thereby taking the victim’s face and side flue glu

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J;

1. Report on internal investigation and investigation report (K telephone statement hearing);

1. A written confirmation of treatment;

1. Injury photographs;

1. Previous records: Application of criminal records, etc. and Acts and subordinate statutes concerning the personal confinement status;

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] general injury (the scope of recommending punishment] Article 35 of the Criminal Act: (a) the mitigation area (two to one year) [special mitigation] [decision of sentence] the defendant has already been punished for the same kind of crime several times; (b) the result of relatively serious injury has occurred to the victim, such as the victim's satisfy due to the instant crime; and (c) the crime of this case has occurred during the period of repeated crime, it is necessary to strictly punish the defendant.

However, in full view of the various circumstances, such as the confession of the Defendant to the instant crime, the victim expressed his/her intention not to have the Defendant punished at an investigative agency, and the age, character and conduct of the Defendant, the details and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., as indicated in the Disposition.

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