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(영문) 수원지방법원 2019.07.25 2019고단325
상해
Text

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

Reasons

Punishment of the crime

On October 7, 2016, the Defendant was sentenced to a special assault, etc. at the Daegu District Court, and on July 8, 2017, sentenced to four months of imprisonment and six months of imprisonment, and completed the execution of the sentence at the second prison of North Korea North Korea.

On July 26, 2018, around 14:00, the Defendant inflicted injury on the victim, i.e., the victim D (35 years of age) who is a company partner at the C rest area located in Scheon-si B, and the victim’s face from among the face of the victim due to her head, was boomed, and three times of drinking the face of the victim, the Defendant suffered injury, i.e., the removal of a bladder, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-offender of repeated crimes and attachment of judgment);

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

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] general injury (the general injury) is aggravated area (6 to 2.6 months): Cumulative repeated crimes of the same kind (decision of sentence] are under the period of repeated crimes of the same kind.

The degree of damage of the victim of the instant case was not minor and did not recover from damage.

However, the defendant's mistake is recognized and reflected, and the punishment shall be determined as ordered in consideration of the motive and circumstance of the crime and all other circumstances shown in the result of the sentencing investigation.

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