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(영문) 인천지방법원 2020.04.03 2019고단7390
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 17, 2019, the Defendant was sentenced to a suspended sentence of five months in the Incheon District Court for the crime of interference with business, etc., and the said judgment became final and conclusive on the 25th of the same month.

1. On August 17, 2019, the Defendant: (a) around 23:30 on August 17, 2019, the Defendant: (b) moved to a toilet for the reason that the victim C (58 years of age) was under confinement at the care center in Incheon, Michuhol-gu, Incheon, and (c) was under confinement at the care center; and (d) took three times the chest of the victim.

Accordingly, the defendant assaulted the victim.

2. On August 19, 2019, at around 03:30 on August 19, 2019, the injured Defendant taken one step out the chest of the victim, on the ground that the victim C is not deemed to have been dead.

As a result, the Defendant inflicted an injury on the victim, such as “the closure duplicated duplic fage,” which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement made to D and E;

1. Medical certificates, investigation reports, medical records of prisoners, etc.;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports (verification of ex post facto concurrent relations);

1. Relevant Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (only to the extent that the long-term punishment for two crimes is added) of the Criminal Act were used as violence against the victim without any special reason, and the degree of injury inflicted on the victim is not weak.

Nevertheless, the defendant is consistently able to avoid liability rather than reflect on his own criminal act.

However, the fact that the principle of equity should be considered at the same time as before and after the judgment becomes final and conclusive shall be considered in favor of the parties.

In addition, the defendant's age, character and conduct, family relationship, family environment, and motive and motive of the crime.

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