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(영문) 창원지방법원 거창지원 2015.04.29 2015고단30
상해
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 31, 2013, the Defendant was released on September 30, 2014 and the remaining term of imprisonment was expired on October 31, 2014, when he was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Changwon District Court’s Branch of Changwon District Court.

【Criminal Facts】

On January 13, 2015, the Defendant thought that the victim D (e.g., 53 years of age) who is an employee of the Da within the “C” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and that the victim D (e.g., 53 years of age), who was an employee, will take his/her own desire against other employees.

Therefore, the Defendant, while putting the victim’s bath “Chewing, bitch bitch,” dump, dumped the victim’s flap, and dumped about five minutes by flap, and dumped the victim’s flap with the victim’s flap, and flaped the victim’s flap.

As a result, the Defendant inflicted an injury on the victim, such as salt, tension, etc. in the 20-day clocks that require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Previous records: Application of criminal history records, investigation reports (the date of release, the previous date and confirmation) and Acts and subordinate statutes;

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

1. Selection of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of the recommended sentence according to the sentencing criteria (the scope of the recommended sentence) and the mitigated area (two months to one year) of category 1 (the general injury by death) (the special person) shall be mitigated: The mitigated amount of punishment;

2. Determination of sentence: The circumstances favorable to the defendant are that the defendant in March of imprisonment reflects the crime of this case, and that the victim does not want the punishment by agreement with the victim, etc.

However, on the other hand, the defendant has not been only four months since the execution of punishment was completed due to the same crime, and the crime of this case has been committed again, and the degree of injury of the victim or the nature of the crime has not been mitigated, the same sentence as the order shall be sentenced.

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