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(영문) 전주지방법원 정읍지원 2017.10.26 2017고단387
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 16, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor due to a special injury in the Jeonju District Court’s Eup branch, and completed the execution of the sentence in a military prison on August 10, 2017.

[Criminal facts] The Defendant, on August 26, 2017, 04:50, 04:50, at a water supply platform in front of the water supply apartment, which is located in the hydro-Eup Si, Seosungdong on May 26, 2017, hereinafter the Defendant c (46 years of age) with music slicks without any reason.

followed. Does he listen to music.

What is the reason why is not taken into account.

”며 시비를 걸고, 이에 겁을 먹은 피해자가 “ 이제 노래를 껐으니 그만 하세요 "라고 말하자 이에 화가 나 피해자의 멱살을 잡아 흔들고 밀쳐 바닥에 넘어트리고, 오른쪽 발로 피해자의 안면 부분을 10회 걷어 차 피해자에게 약 2 주간의 치료가 필요한 안구 및 안와 조직의 좌상 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, and Acts and subordinate statutes concerning investigation reports (Attachment of a copy of judgment);

1. Relevant Article 257 of the Criminal Act and Article 257 of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the type of punishment] - Class 1 (the person subject to special injury) of the general injury factors: 6 months to 2 years [the scope of recommended punishment] of the same repeated crime [the decision of sentencing] ] the defendant is committed, and the degree of injury suffered by the victim is not severe, etc., which are favorable to the defendant, and the defendant committed the crime of this case without being aware of the fact that he committed several times of punishment conditions for the crime of violence, and the defendant committed the crime of this case without being aware of the fact that he was committed during the period of repeated crime, which is highly likely to criticize the defendant's behavior exercising violence towards the surrounding person without any particular reason, in light of the defendant's power and tendency, which is highly dangerous for recidivism from the victim.

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