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(영문) 대전지방법원 2017.05.23 2016고단3164
상해등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. Around May 3, 2016, the Defendant invadedd the victim’s residence by entering the victim’s house via open gate via the victim D(81) located in Daejeon Jung-gu, Daejeon, when he/she was drunkd with a mixed house on May 3, 2016.

2. In time, at the same time and place as in the preceding paragraph, the injured Defendant assaulted the victim by putting the victim’s breath into another house and breathing the breath’s face, bating the victim’s bat, cutting the victim’s shoulder and bridge into the victim’s shoulder and bridge, bating the victim’s face into the victim’s bat.

As a result, the Defendant inflicted injury on the victim, such as “the victim who does not have any one in an open form of 57-day medical treatment”, such as “the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral and cerebral cerebral cerebral cerebr

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. Report on internal investigation (related to the state of a victim), investigation report (related to the submission of a medical certificate, and confirmation of the details of the diagnosis of a victim);

1. On-site photographs;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Relevant legal provisions concerning the facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Article 319(1) of the Criminal Act (the point of intrusion upon residence) and the choice of imprisonment, respectively;

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The confession and reflect of a crime, the crime is deemed to have been committed in a breath state, and the person actually was hospitalized at a mental hospital for a considerable period after committing the crime, and there is no record of crime between the last 15 years;

An unfavorable circumstance: The result of injury, the fact that the victim did not agree with the victim, the fact that the victim invadeds the residence of the victim who does not have an face-to-face type and uses violence without any reason, and the fact that the victim was sentenced to punishment for the same kind of crime four times or more in the past, and the victim was guilty of violence.

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