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(영문) 대전지방법원 공주지원 2017.06.16 2017고단97
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On January 8, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to an injury in the official support of the Daejeon District Court on March 10, 2015, and completed the execution of the sentence in the official prison on March 10, 2015, and the criminal records of identical violence are nine times more.

[2] On January 16, 2017, the Defendant: (a) around 14:45, the Defendant: (b) went beyond the 20 permanent residence vice head of the Simsan-si, Chungcheongnam-do, Cheongnam-do, and then, (c) went back to the victim C (51 tax) without any justifiable reason; (d) went back to the victim’s body; (e) took back the victim’s face; (e) took back the victim’s face by drinking; (e) took back the victim’s body; and (e) took back the victim’s body; and (e) took back the victim’s head head part several times on the cement floor; and (e) took off the victim’s head part from the victim’s body and faced the victim’s body one time, resulting in the victim’s injury, such as the number of days of treatment.

Summary of Evidence

1. C Legal statement;

1. Statement made by the prosecution against C;

1. Each investigation report (unfastened report and statement by a police officer called the scene);

1. A medical certificate, medical records, and photograph description;

1. Previous convictions: A written reply to inquiry, such as criminal history, each investigation report (report on the same criminal records and confirmation of the criminal suspect, and previous convictions of the criminal suspect), / Although the defendant has any fact of benefiting the victim, he/she did not exercise violence, such as facts charged;

However, according to the above evidence, the fact that the defendant inflicted an injury on the victim as stated in the facts charged can be acknowledged.

However, the defendant seems to have committed a crime while under the influence of alcohol and to be unable to accurately memory it at present.

Application of Statutes

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] General Injury (the general injury) of the category 1 (6 months to 2 years) (the person who is specially aggravated] of the same type of repeated crime [the decision of sentencing] has multiple criminal offenses of the same kind, and the period of repeated crimes is the same.

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