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(영문) 대구지방법원 포항지원 2020.06.17 2020고단358
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment for two years and six months at the District Court on November 6, 2018 by indecent act by force, etc., and is currently confined in a port prison.

【Criminal Facts】

Around 19:50 on January 13, 2020, the Defendant took two or three times as follows: (a) in a port prison accommodation room located in the north-gu, north-gu, 1001; (b) on the ground that the Defendant expressed to other prisoners “in a fluent manner,” the victim B (the age of 46) expressed that “the fluent is fluent, fluent, fluent, fluent,” “the fluent, fluent, fluent, fluent, fluent, fluent, fluent, of the victim’s right eye.”

As a result, the defendant suffered injury to the victim within the right side and the right side of the lower wall that needs to be treated for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement to C, D, and E;

1. Medical certificates and medical records;

1. A certificate of confinement (A), the basic matters on the electronic register of confinement, site photographs, evidence photographs, and photographs;

1. Previous records: Criminal records, inquiry reports, investigation reports (verification of the same criminal records of a suspect), judgments of the suspect's same kind of power, application of Acts and subordinate statutes to the personal confinement status (A);

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. The Defendant, who had the same kind of violent power, and in this case, the Defendant, while engaging in a dispute with the same kind of violent power, has inflicted four caution injury, and the Defendant first expressed his desire to “brupt” as “brupt,” but according to the witness’s statement.

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