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(영문) 부산지방법원서부지원 2020.12.23 2020고단2191
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 10, 2020, the Defendant was sentenced to six months from the Busan District Court to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Aggravated Punishment, etc. of Specific Crimes).

【Criminal Facts】

On July 27, 2020, the Defendant: (a) around 18:45 on July 27, 2020, at the 2nd Dong Dong of Busan Detention House, and at the 2nd Dong of Busan Detention House, (b) at the same room in a large amount of singing, the Defendant said that “I will not use it as a married person, but would not commit any harm to others.” (b) on July 27, 2020; (c) on about 20 occasions the face of the victim due to drinking; (d) on about 30 occasions after the other visitors prevented the Defendant; (e) on about 30 times the victim’s face face to drinking; and (e) on about 2 weeks the victim’s head or any other damage specified in the head or any other damage specified in the Ordinance of the Ministry of Health and Welfare; and (e) on the part of a pathnor who did not commit any flood.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, and E;

1. Each letter of self-sufficiency of E and F;

1. Investigation report (Submission of photographs of evidence harmful to an injury), photograph, investigation report (Submission of photographs of the injury injured person)- photographs;

1. A written diagnosis of injury;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the confirmation of a suspect's judgment and facts of a request for a summary order of the same kind of crime), two copies of judgment, and one copy of indictment shall be applied;

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

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes shows the attitude of reflectivity while recognizing the crime of this case. The crime of this case is committed in relation to concurrent crimes under the latter part of Article 37 of the Criminal Code between the previous conviction and the previous conviction, which should be considered at the same time with the case of judgment.

On the other hand, even though the defendant was in prison, he did not have been able to assault the prisoner of the same kind of money, and the nature and circumstances of the crime are very poor.

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