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(영문) 인천지방법원 2015.09.03 2015고단4077
상해
Text

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

Reasons

Punishment of the crime

On June 4, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) at the Incheon District Court, and the judgment became final and conclusive on July 24, 2015.

On June 20, 2015, the Defendant: (a) around 501 Dong-dong, Incheonnam-gu, Incheonnam-do, 501 Dong-dong, Incheon, and (b) on the ground that the victim D (the age of 43) said the Defendant’s her breath while taking a bath to the Defendant, the Defendant held the victim’s face and the water back to the Defendant, thereby making it difficult for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical record of victims, photographs, etc. and prisoners;

1. Previous convictions in judgment: Investigation report (a summary order of the same type of suspect's history and confirmation during the continuance of a trial by the Supreme Court), summary order, etc., one search of the case, and application of one of the statutes of the court

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

1. The punishment as ordered shall be determined in light of the following: (a) the reason for the sentencing under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act; (b) the victim did not reach an agreement with the victim; (c) the one-time penalty and the one-time penalty; (d) the criminal records of the same type of fine have been received for a long time due to coercion disorder; and (c) the above disease appears to have an impact on a certain degree on the instant crime; (d) the recognition of and reflects on the crime; and (e) equity with the case that was received simultaneously with the final and conclusive judgment; (e) degree of damage; (e) the Defendant’s age, character and conduct; (e) the motive and circumstance leading

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