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(영문) 의정부지방법원 2020.06.30 2020고단1932
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 26, 2019, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury at the Seoul Northern District Court, and the sentence became final and conclusive on November 28, 2019 and completed its execution.

At around 07:10 on March 17, 2020, the Defendant: (a) committed a dispute with the victim C (50 years of age) who was detained with a complaint about the distribution of cleaning duties inside the Dong branch; (b) and (c) suffered bodily injury due to an influence of the number of days of treatment to the victim by making it possible for the victim to write the victim on the hand floor, the hand floor of the victim who raised the drug, the buck of the victim's left side, and the head part of the drinking house. (c) At around 07:10 on March 17, 2020, the Defendant suffered bodily injury to the victim due to an influence of the bad influence of the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement of the F shall be investigated and reported (a photograph of the victim's wife), criminal records, personal confinement status, and application of statutes to the court;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to fourteen years;

2. Aggravation factors of general injury [category 1] general injury (special person) resulting from aggravating factors according to the sentencing guidelines: The area of aggravated repeated crimes of the same kind (the area of recommendation and recommendation range) and the area of aggravated punishment (the area of recommendation and recommendation range), six months through six months of imprisonment.

3. Determination of sentence: The Defendant has committed 12 times the record of identical violent crimes, and committed the instant crime during the period of repeated crimes for the same kind of injury.

The victim was unable to receive a letter from the victim.

However, more favorable sentencing factors, such as the defendant's recognition of the crime of this case and the circumstances leading to the crime of this case, are taken into account, and the defendant's age, character and conduct, family environment, motive or circumstance of the crime, the means and method of the crime, and the contents and result thereof.

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