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(영문) 의정부지방법원 2016.08.24 2016고단2384
상해등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to an injury, etc. by the District Court, and the execution of the sentence was terminated at the Jung-gu prison on January 1, 2014.

1. On June 16, 2016, around 09:00, the injured Defendant sold the victim’s right-hand buckbucks one time to the left-hand bucks of the victim, on the ground that the victim E (n, 43 years old)’s cell phone was not contacted with the Defendant by taking out the victim’s cell phone, and that the Defendant was not contacted with the Defendant. In both cases, the victim’s bucks and bucks were cut down on three occasions with the victim’s hand, and the victim’s right-hand bucks were sold at one time on the left-hand bucks of the victim.

As a result, the Defendant brought about multiple gamblings, etc. to the victim for approximately two weeks of treatment.

2. The Defendant concealed the victim’s unknown whereabouts of his/her market price by using his/her mobile phone at the above time and place, where the victim used his/her mobile phone in order to take the victim away from his/her mobile phone in order to prevent the victim from using his/her mobile phone and run away his/her mobile phone.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the prosecution against E;

1. Statement protocol by the police for E;

1. Police seizure records and list of seizure;

1. A written diagnosis of injury;

1. Photographss of damaged articles, on-site photographs, and photographs of damaged parts;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, each investigation report (the date of release, etc.- the current status of confinement by day, previous convictions, and repeated crimes; each judgment);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage to property) and choice of imprisonment with prison labor as to the facts of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Part 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code for the Punishment of Concurrent Crimes, Article 1 (Assaults) of the Reasons for the Punishment of Sentence 1 (Assaults) of the Reasons for the Punishment of Sentence 1 of the Act on the Aggravated Punishment of Concurrent Crimes. (2) The mitigation area (2 month-1 year from February to one year), the mitigation area (special mitigation (a person who is in special mitigation (aggravating) of the punishment, and two crimes (damages) of the same repeated crime (a scope of recommendation) of the same kind of punishment.

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