logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2015.01.30 2014고단453
폭력행위등처벌에관한법률위반(상습상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Medical doctor D and E written diagnosis;

1. Damage photographs;

1. Previous records: Criminal history records, inquiry reports, confirmation reports on the date of release of the suspect, and reports accompanied by a copy of the judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

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

1. “Habitualness” under Article 2(1) of the Punishment of Violences, etc. Act on the Determination of Habituality under Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Act”) means not only habituality among the crimes listed in each subparagraph of the same paragraph, but also the behavior of an act of violence that covers all the crimes listed in each subparagraph of the same paragraph. It is reasonable to interpret that the existence of habituality under Article 2(1) of the Act means the defendant’s age, character, occupation, environment, details of the crime, motive, means, method and place of the crime, interval with the previous crime, and similarity with the contents of the crime.

(1) In addition to the crime of this case, the Defendant was sentenced to a fine and imprisonment with prison labor for seven times from May 2001 to July 201, 201, and was sentenced several times of imprisonment with prison labor, and the crime of this case was committed by the Defendant and 50 days from the date of the suspension of execution, and was committed by the Defendant.

arrow