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(영문) 창원지방법원 밀양지원 2020.02.04 2019고단493
상해
Text

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

Reasons

Punishment of the crime

On October 15, 2018, the defendant was sentenced to two years for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Drivers, Violence, etc.) in the Busan District Court's branch branch, and is currently under the execution of the sentence in the

From August 1, 2019, the Defendant was living in the Styang detention house B room located in the area of the land located in the North Korean-do, Chungcheongnam-do, Kimyang-si. On September 4, 2019, the Defendant became aware of the victim C (Nam, 52 years of age) while moving to the above confinement room.

On September 13, 2019, at the confinement room around 06:45, the Defendant: (a) around 06:10 on the same day, and (b) at around 06:10 on September 13, 2019, the Defendant had a dispute with the victim with him/her over his/her actions because the victim used a toilet to fix a changeer and let him/her flow water continuously flow into the changeer; and (c) he/she had the victim interfered with his/her his/her actions by using a toilet. In the meantime, the Defendant inflicted an injury on the victim, who was walking a part of his/her left part of the victim who was seated in the living room one time due to the fall off on his/her own job and going around about six (6) weeks on the other side of the he/she suffered from the injury of the troke and other part of his/her mouth, which require treatment for about six (6) weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. Photographs and written diagnosis of injury;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports, and application of Acts and subordinate statutes governing the acceptance status of individuals;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [category 1] general injury [special injury [specific person] increased factors: serious injury (the scope of recommendation area and recommendation range] increased area, six months to six months of imprisonment.

3. Determination of sentence: The Defendant, who was sentenced to imprisonment with prison labor for a crime of the same kind of violence in the course of execution, committed the instant crime without being sentenced to imprisonment, and the degree of injury inflicted on the victim;

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