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(영문) 춘천지방법원 강릉지원 2020.04.23 2020고단106
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Justice] On April 8, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special assault and two years of suspended execution, and on July 20, 2016, the same court was sentenced to two years of imprisonment with prison labor for special injury, etc. on July 26, 2016, which became final and conclusive on July 26, 2016, and the sentence of suspended execution was invalidated, and the execution of each of the above sentence was completed in the North Korean Supreme Court; and

【Criminal Facts】

Around 02:55 on November 22, 2019, the Defendant: (a) in the direction of the “C” entertainment drinking club “C,” located in C” in Sam-si B on March 22, 2019, caused the Defendant to inflict an injury, such as the victim’s head or any other part of the open part of the victim, which requires approximately 2 weeks medical treatment, on the ground that: (b) the Defendant, in the course of talking with the victim D(49 years of age; (c) the victim was walking once on the part of the victim; (d) the victim followed the victim; and (e) once the victim left the front; and (e) the face of the victim was taken once again; and (e) the victim was fluened two parts of the victim’s her brith, fluened; and (e) the victim took four faces of the face; and (e) the victim suffered injury, such as the head or any other part of the part requiring approximately 2 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A medical certificate;

1. Photographs of the place of crime, photographs of victims, and photographs of the body of victims;

1. A investigative report (CCTV investigation), CCTV video CDs;

1. Previous convictions in judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

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 seven years;

2. Aggravation factors of general injury [the category 1] general injury (the specially increased person] in accordance with the sentencing guidelines: The area of aggravated repeated crimes of the same kind [the area of recommendation and the scope of recommendations], six months to two years and six months.

3. Circumstances unfavorable to a ruling of sentence: The victim of the defendant;

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