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(영문) 대전지방법원 홍성지원 2017.03.08 2016고단928
상해
Text

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

Reasons

Punishment of the crime

On June 1, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the Daejeon District Court’s red support, etc. on December 8, 2013, and the execution of the sentence was terminated at astronomical Prison on December 8, 2013. On September 1, 2016, the Defendant was sentenced to one year and two months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at Daejeon District Court, and the said judgment became final and conclusive on January 2, 2017.

On November 22, 2016, 01:00, the Defendant inflicted injury on the victim F, on the ground that the victim F, who was in the Ecom 301 Ecom 301 located in Chungcheongnam-gun Hong-gun, did not take his own examination on the surrounding people, caused the victim’s face to be 100 times due to drinking and spawn during about two hours, and the victim’s face was at least 3 weeks of treatment. If the victim was aware of the need for approximately 3 weeks of treatment, the Defendant inflicted injury on the victim, such as spawn and spathy, spathy and spathy, and spathy, and spathy, which had

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and H;

1. Investigation report (the No. 4 of the evidence list), on-site photographs, and victim photographs;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, investigation report (Evidence List No. 19), personal expropriation status, judgment text, and summary information inquiry of the case;

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

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

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the sentencing of Article 39(1) is based on the following circumstances and all the conditions of sentencing recorded in the records, including the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, and the sentence is determined as ordered.

The crime of this case is committed during the period of repeated crime due to the same crime, and there is a record of being punished several times for the same crime. It is necessary to consider equity between the final judgment and the concurrent crime of the group after Article 37 of the Criminal Act.

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