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(영문) 춘천지방법원 원주지원 2015.09.15 2015고단628
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 6. 15. 15:25경 원주시 북원로 2155에 있는 ‘원주교도소’ 5수용동 C에서 교위 D로부터 6실로 전실할 것을 지시받자, 같은 방실에 수용중인 피해자 E(40세)이 피고인과의 불화를 이유로 전방을 신청한 것이 받아들여져 위와 같은 전실조치를 받게 되었다는 이유로 화가 나, 피해자에게 욕설을 하면서 오른발과 오른손 주먹으로 피해자의 얼굴, 몸통, 옆구리, 배 부위 등을 수회 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as the autopsy and the blood species, which require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Each written statement E, F, G, and A;

1. A working report;

1. Evidence photographs;

1. A medical certificate;

1. Certificate of confinement;

1. Application of Acts and subordinate statutes to the scene of crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture [the scope of recommendation] general injury [the person subject to special mitigation] [the person subject to special mitigation] in the mitigated area (2-1 year] (including the person subject to serious efforts to recover damage), or in a case where considerable damage has been recovered [the decision of sentence] six months of imprisonment, suspension of execution two years of probation, probation, and order to attend a lecture: the defendant is a prison in a prison at present, and thus, he exercised violence against his past and has been committed against his wrong behavior.

In addition, the defendant has already been punished by multiple violences, and in particular, since 2010, the defendant has exercised violence against the inmates or prison staff in prisons.

Only four times the punishment has been imposed.

Therefore, there is no room for the defendant's wife against the defendant.

However, the degree of injury of the victim is not severe, and the victim wishes to punish the defendant.

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