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(영문) 인천지방법원 2017.04.14 2016고단8177
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 14, 2017, at the sixth trial date, the prosecutor's application for changes in the indictment was approved on March 14, 2017. On May 11, 2016, the defendant was sentenced to imprisonment with prison labor for not more than ten months for injury, etc. in the Busan District Court's Busan District Court's Busan Branch Branch Branch, and the judgment became final and conclusive on October 5,

On September 22, 2016, the Defendant suffered bodily injury, such as inside the 6-day area of the victim's face, against the victim's face at one time via drinking, when the victim raised up against the victim's face at one time in response to drinking, at around 17:25, the Incheon Southern-dong, Incheon, Incheon, a school-based detention center, and at around 501, the victim suffered bodily injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. Investigation reports (Attachment of photographs damaged by violence), investigation reports (Attachment of register of obligations of prisoners);

1. Previous convictions: Inquiry into criminal history data, inquiry into case summary information, and application of each statute of a judgment;

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

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Since the crime in the judgment is ex post facto concurrent crimes, the sentencing criteria do not apply.

2. Unfavorable circumstances (the fact that the Defendant committed the instant crime without being aware that he was sentenced to imprisonment for ten months with prison labor for the same type of crime and was under detention, and that he committed the instant crime again without being aware that he was under detention), the injury suffered by the victim is serious), the favorable circumstances (that there are circumstances that may be considered in the background and motive of the crime, and that he is in profoundly against his mistake, and that he does not repeat again), and other factors of sentencing revealed in the instant case, such as age, sex behavior, living environment, means and result of the crime, circumstances after the crime, and equity in the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive, shall be determined as the sentence as ordered.

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