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(영문) 대구지방법원 2020.08.13 2020고단2494
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to six months of imprisonment with prison labor for the crime of injury in the Gwangju District Court's branch on April 25, 2019 and completed the execution of the sentence in the Gwangju Prison on October 8, 2019. On April 16, 2020, the Daegu District Court sentenced three years of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. and decided on April 21, 2020.

Criminal facts

On April 4, 2020, at around 20:20, the Defendant, within the Daegu Detention House B, 199, e.g., the victim C (son and 63 years of age), who is a prisoner in the same fee, was fluored with the right-hand share, and 4 times the face and head part of the victim's face and head are fluored by drinking to the right-hand share, and the victim fluoring the side part of the victim's body part of the victim's body due to the occurrence of the flusium, led the victim to a glusium and a glus

Summary of Evidence

1. Defendant’s legal statement C, each police’s written statement of statement D, prisoners’ medical records, and records of his/her photograph immediately after committing an offense: The investigation report (a repeated offense and confirmation before the last sentence of Article 37 of the Criminal Act), the judgment, and the records of inquiry into the case

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

1. Article 35 of the Criminal Act among repeated crimes;

1. In full view of the circumstances under the latter part of Articles 37 and 39(1) of the Criminal Act that treat concurrent crimes and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and the various conditions of sentencing as shown in the argument of this case, the punishment shall be determined as ordered.

Unfavorable circumstances: In response to the injury of a prisoner in prison, the injury was inflicted.

It is a crime committed during the period of repeated crime.

The favorable circumstances: The crime is recognized.

In addition to the crime of obstruction of performance of official duties that became final and conclusive, the equity was considered.

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