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(영문) 수원지방법원 여주지원 2019.07.22 2018고단1083 (1)
상해
Text

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

Reasons

Punishment of the crime

【Defendant A, on April 6, 2018, was sentenced to ten months of imprisonment with prison labor for special injury, etc. at the Ansan District Court’s Ansan Branch, and the judgment became final and conclusive on August 7, 2018.

【Criminal Facts of Crimes” around 13:20 on November 22, 2018, the Defendant: (a) in the Innju prison B, the innju City, the innan Eup, and the victim C (the age of 41) of the same room, who was a prisoner of the same room, brought the Defendant’s sugar without the Defendant’s permission; (b) knee knee knee kne kne kne kne knee knee kne kne kne knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D and E;

1. A working report;

1. A medical certificate of injury and a medical record book;

1. Damage photographs;

1. Previous records: Criminal records, inquiry reports, judgments, and application of Acts and subordinate statutes on the current status of confinement of individuals;

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. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (special injury-specific person] mitigated element: Minor injury (the scope of recommendation field and recommendation type] mitigated area (the scope of recommendation field and recommendation type] mitigated area, February to October.

3. Determination of sentence: The defendant was sentenced to imprisonment for two months due to violent crimes and was sentenced to imprisonment in prison while serving in prison, and it is difficult to obtain the motive of the assault and did not take measures to recover the damage of the victim.

However, the degree of injury suffered by the victim is relatively minor.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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