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(영문) 인천지방법원 2017.09.07 2017고단5225
상해
Text

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

Reasons

Punishment of the crime

[criminal history] On March 24, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury by the Incheon District Court on June 24, 2017, and the judgment was finalized on June 24, 2017. On June 14, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for an injury by the Incheon District Court and the judgment was finalized on June 22, 2017.

[Criminal facts] The Defendant: (a) on April 27, 2017, the Nam-gu Incheon Nam-gu Office of Arts around 17:10

In the 30 Incheon detention center 802 B, the victim D(52) was able to say that the victim's face was 7 times more than 52 times in drinking, and the victim's face was divided into continuing emergency bells, and the victim's face was able to be taken three times in drinking, and the victim's face was injured by the 28 days in need of treatment between approximately 28 days in the face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, C, E, F, and G;

1. Photographs (D) and written diagnosis of injury (D);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the same type of force and latter concurrent crimes), and judgment;

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

1. The latter part of Article 37 of the Criminal Act, provided that the sentencing guidelines do not apply to concurrent crimes, since the reasons for sentencing under the first sentence of Article 39(1) are concurrent crimes under the latter part of Article 37 of the Criminal Act.

The nature of the crime is bad in the case of assaulting another person in the detention center, which is tried by assaulting another person.

There are many criminal records of the same kind.

The degree of damage is not much less than 4 times.

Damage has not been recovered.

Therefore, it is difficult for the defendant to be exempted from sentence.

In addition, the sentencing conditions, such as the defendant's age, sex, family relationship, property status, etc., shall be taken into consideration when the judgment has been rendered simultaneously with the final and conclusive judgment entered in the judgment, and the punishment shall be determined as ordered by the text, taking into account the following factors:

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