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(영문) 춘천지방법원 강릉지원 2018.09.14 2018고단740
상해
Text

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

Reasons

Punishment of the crime

[criminal records] On October 30, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for special intimidation, etc. by the Seoul High Court, and on December 25, 2015, the execution of the sentence was terminated in the Ansan Prison on December 25, 2015. ② On May 31, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for special intimidation, etc. at the Gangnam Branch Branch of the Chuncheon District Court, and the judgment became final and conclusive on September 7, 2018.

[2] On May 18, 2018, the Defendant: (a) stated that the victim D (59 tax) who was confined in the same ward in Gangseo-gu prison (2 in the same ward) located in Gangseo-gu prison (2 in the same ward) was able to open the room at the end of this hand in the victim D (59 tax) who was confined in the same ward in the same ward; (b) stated that the Defendant she was able to write down the room at the end of this hand; (c) she was able to cover the time with the flag of the victim; and (d) the Defendant she sawed the victim’s face, chest was able to take part of the face of the victim, she was able to take part of the body part of the victim’s body; and (d) the victim was able to take part of the body part of the victim’s face during the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (to attach records of obligations of victims D);

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry into criminal history, inquiry into criminal history (verification of the duration of repeated crimes against suspects), judgment, personal confinement status], [Report on Criminal Investigation (Confirmation while pending an appellate trial on a suspect), judgment, and search screen];

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Circumstances unfavorable to the sentencing of reasons for sentencing under Article 39(1) of the Criminal Code; the defendant is under repeated crime period; and the defendant committed the crime in this case while he was detained and tried for the case.

Circumstances favorable for sentencing: The victim does not want to punish the defendant.

The crime of this case is <2> The crime of this case is one of the concurrent crimes after Article 37 of the Criminal Act, and the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and results.

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