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(영문) 부산지방법원 2014.10.02 2014고단6339
상해
Text

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

Reasons

Punishment of the crime

On April 9, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of injury, etc. at the Busan District Court on May 28, 2013, and was sentenced to five times for the crime of injury and fifteen times for the crime of violation of the Punishment of Violences, etc. Act in addition to the completion of the execution of the sentence at the Busan Detention House.

On May 16, 2014, at around 23:45, the Defendant: (a) 23, the Dong-gu Busan Metropolitan City Self-park, and (b) 23, around the building in the vicinity of the building, and (c) took part in a dispute with C, a workplace partner; (b) on the ground that the victim D, who is a workplace partner, said workplace partner, was flicked, flicked the victim’s body and flicked the victim’s face in a way of cutting down the victim’s body and cutting down the victim’s body, and suffered injury, such as a flick-gu, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written diagnosis of injury;

1. Previouss before and after judgments: Criminal history records, investigation reports (Evidence Nos. 10, 14 of the evidence list), and application of each statute of the judgment;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. It is so decided as per Disposition on the grounds of the reason for sentencing of Article 35 of the Criminal Act [the scope of recommending punishment] general injury (the scope of recommending punishment] above the ground for the type 1 (the type 6 to 2 years) aggravated (the person subject to special mitigation) (the type 1 and 4) and 8 months (the decision of sentencing is in a position to support his family) imprisonment for the same repeated crime [the decision of sentencing]. There are favorable grounds for sentencing such as the victim's injury, several times of criminal records, the number of times of criminal records, in particular, the fact that the victim had reached an agreement with the victim, but the defendant did not implement it again and the victim is able to file a petition for severe punishment).

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