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(영문) 춘천지방법원 2015.07.09 2015고단482
상해등
Text

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

Reasons

Punishment of the crime

On April 4, 2013, the Defendant sentenced the Chuncheon District Court to imprisonment for fraud and one year and six months, and completed the execution of the sentence on August 2, 2014.

1. On April 15, 2015, at around 11:40 on April 15, 2015, the Defendant, while drinking boomed at the Chuncheon correctional institution 3 Dong-Cream room located in Chuncheon-si, Chuncheon-si, the Defendant inflicted injury on the victim D (30 years of age) who was under age than the Defendant, on the ground that the Defendant said booms the Defendant without a brucation, brucing the brush, bruing the victim’s face on the wall, bruing the victim’s face on the part of drinking, bruing the victim’s head on the part of drinking and bruing the victim’s head on the part of drinking and bruing the victim’s bridge for about four weeks of medical treatment.

2. The Defendant damaged public goods at the time and place described in paragraph 1, such as the date and time described in paragraph 1, and the equipment managed by the prison, and the defect that the type E, in the same prison, intends to enter into the room to control the Defendant, refers to “Ne”, and the head of the above E was faced with the appearance, and the E was broken out out from the ward to the outside of the ward.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written diagnosis and written estimate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 257 (1) and 141 (1) of the Criminal Act which choose the penalty, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime (damage to Public Goods) (Determination of the type of obstruction of the performance of official duties) invalidation or destruction of public goods (the scope of recommendations) shall be punished by imprisonment with prison labor for six months - one year and six months (basic area);

(b) Concurrent crimes (the types of crimes) (the injury).

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