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(영문) 수원지방법원 평택지원 2012.11.29 2012고단1260
상해
Text

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

Reasons

Punishment of the crime

On December 24, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by deadly weapons, etc.) in the Suwon District Court’s Eunpyeong site on December 24, 2009, and completed the execution of the sentence on July 6, 201.

On September 19, 2012, the Defendant: around 19:30 on September 19, 2012, got the shoulder of the victim C who was making a preparatory campaign within Ansan-si B.

However, the victim resisted the defendant while gathering the slicker, and again walked with the stable hole, leaving the slicker's face by drinking the slicker, and then breaking the slicker's face over the ground floor, and then, the victim slicked about six weeks of the victim's body and slicked the victim's body, and caused the victim's injury, such as a slicker, in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (report on confirmation of the fact during the period of repeated crimes of a suspect) and other Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The sentencing reason of Article 35 of the Criminal Act for repeated crime is against the Defendant’s recognition of the crime and agree with the victim. However, considering various circumstances such as the fact that the Defendant committed the instant crime without being aware of the repeated crime due to the same crime during the period of repeated crime, the victim’s degree of damage is serious, and the crime of assault committed during the period of repeated crime is deemed to have already been sentenced to a fine once (the investigative record is deemed to have been sentenced to a sentence on the Defendant, considering the fact that it is deemed that the Defendant had already been sentenced to a fine once for the crime of assault committed during the period of repeated crime (the investigation record is

On the other hand, in determining the sentence, the sentence like the order is to be imposed in consideration of various factors of sentencing including the defendant's age, occupation, and criminal record, in addition to the above factors of sentencing.

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