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(영문) 수원지방법원 여주지원 2018.08.14 2018고단518
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor by obstructing business operations at the Busan District Court on November 23, 2016 and completed the execution of the sentence at the Busan Detention House.

On April 17, 2018, the Defendant was sentenced to three months of imprisonment with prison labor for an injury in the credit support of Suwon Friwon, and such judgment became final and conclusive on June 28, 2018.

On May 23, 2018, the Defendant: (a) around 17:10 on May 23, 2018, in the innan prison C, which was located in 107, Nam-ro, Nam Eupn, and the victim D(73 tax) dispute; (b) on the back of the victim, the Defendant took the back of the victim by hand, taken the victim's face on a drinking time; and (c) caused the victim's injury, such as inside the number of days of treatment and the mouth, etc., by taking several times, the victim took part in the part of the victim who was beyond the floor and taken part in the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. D's self-written statements;

1. Statement made with D;

1. A damaged photograph;

1. Two copies of the opinion;

1. Two copies of the investigation report (verification, etc. during the period of repeated crime) and the text of the judgment;

1. Current status of personal expropriation;

1. Reporting of the previous conviction of the disposition and results thereof;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes provided that Article 39(1) of the Criminal Code (the crime of this case and the crime of injury to both the crime of this case) is based on the reasons for sentencing, and that it is against the law shall be considered as favorable

However, the fact that the defendant is a repeated offender who has been recently punished for the same kind of crime, the degree and age of the victim, etc. shall be considered disadvantageous circumstances.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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