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(영문) 대구지방법원 2014.06.12 2014고단1736
상해
Text

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

Reasons

Punishment of the crime

On June 18, 2013, the Defendant was sentenced to three months of imprisonment with prison labor at the Daegu District Court for the crime of conflict, and completed the execution of the sentence on June 30, 2013.

On September 17, 2013, the Defendant was charged with the violation of the Punishment of Violences, etc. Act (organization and activity of organization, etc.) in the Daegu District Court on September 17, 2013 and was confined to the Daegu Suwon-gu detention center located in the Mangdong-gu in Daegu.

Around 06:20 on March 11, 2014, the Defendant had talked about the victim B (the age of 42) and the purchase of goods in the Daegu Detention House 701 Dong 13, 13, 201, and had the victim talked about the purchase of goods in the detention house, and had the victim listened about the left side of the victim two times due to the victim's self-satisfying fin fin fin, and caused the victim to suffer approximately three weeks of the face of the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to C, D, and B;

1. Current status of diagnosis certificates, photographs, and personal identification/Incarceration by each person;

1. Previous convictions in judgment: Criminal history records, the number and accommodation status of individuals, and the application of Acts and subordinate statutes of the Criminal Investigation Committee;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders (a person subject to special mitigation) is not subject to punishment [the scope of sentence for recommendation] 2.2.1 year [the decision of sentence] that the defendant had a record of having been punished several times for violent crimes, and that he again committed the crime of this case even though he was committed during the period of repeated crimes, it is inevitable to punish him in light of the fact that he committed the crime

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the commission of the instant crime, the agreement with the victim, and the Defendant’s mistake, and the motive, background, means and methods of the instant crime; (b) the circumstances before and after the instant crime; and (c) the Defendant’s age, character and conduct, career, environment, etc. as shown in the argument in the instant case.

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