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(영문) 수원지방법원 여주지원 2017.10.17 2017고단583
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 10, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Suwon Giwon method, and was released on November 30, 2015 from the original Kiju prison on parole on the execution of the sentence, and the parole period passed on March 31, 2016.

1. On April 26, 2017, the injured Defendant: (a) brought a dispute with the injured party D (at the age of 58) of the injured party D (at the age of 58) at the main point in E E operated by the injured party D (at the age of 58) on April 26, 2017; (b) brought an injury to the injured party, such as a catum dynaf, which requires medical treatment for about 14 days, due to the injured party’s drinking.

2. The Defendant assaulted the victim F (e.g., 49 years of age) at the above date, time, place, and committing the crime as described in the above 1. Paragraph (1) by using the victim’s flag hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A written diagnosis of injury;

1. Statement made to F;

1. Investigation report (verification as to whether a repeated crime is repeated);

1. Inquiries about expropriation and application of the text of the judgment;

1. Articles 257(1) and 260(1) of the Criminal Act and the choice of imprisonment with labor for a crime

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

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

1. Crimes No. 1 of the scope of the recommended punishment: In the area of aggravation (4 months to 1 year) in the area of aggravation (special aggravation) (4 months to 1 year): Crimes No. 2 of the same type of repeated crime: In the area of mitigation (2 months to 1 year), in the area of mitigation (2 months to 1 year), in the area of mitigation (1 year), in the area of special mitigation (1 to 1 year), in the area of minor injury (1 and 4) / The scope of final sentence due to the aggravation of multiple repeated crimes of the same type of crime: April to June;

2. The fact that the Defendant’s decision on sentencing is aware of and reflects his offence shall be taken into account under favorable circumstances.

However, the fact that the defendant was a repeated offender for the same crime, and that it was not agreed with the victims.

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