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(영문) 청주지방법원 2018.09.13 2018고단1217
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 12, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Suwon Franchisor method Board on August 12, 2015, and completed the execution of the sentence at Ansan Prison on May 16, 2016.

【Criminal facts】 On April 21, 2018, the Defendant returned to the victim D (42 tax) by singing rooms around 10:30 on April 21, 2018, and around 10:2, Cheongju-ro B and 2.

For the reason that “the victim’s flab was pushed down with spath, was pushed down with the victim’s spath, the victim’s face and shoulder who continued to sit in the spath, several times as drinking, and the victim’s chest was knee in three times as knee, and the victim’s chest was placed in a multi-media class requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (period of repeated crime), copy of judgment, and current status of personal confinement;

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

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

1. Sentencing (Scope of recommended punishment) General injury category one (general injury) in the area of aggravation (from June to two years) (special aggravation) in the same class of repeated crime;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The fact that the defendant does not commit the crime of this case during the period of the same repeated crime and again commits the crime of this case, confessions that he/she has been punished several times for the same crime including imprisonment, and that he/she has agreed with the victim.

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