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(영문) 부산지방법원 서부지원 2018.08.28 2018고단709
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] On December 7, 2017, the Defendant was sentenced to six months of imprisonment for a forced indecent act committed by the Jeonju District Court, and the judgment became final and conclusive on December 15 of the same year.

[2] On December 13, 2017, the Defendant: (a) around 15:30 on December 13, 2017, at the Jeonju Prison C, which was located in 2034, Jeon Mangsan-ro, Mag-ro, 2034, suffered an injury from the victim’s face and body by breaking the victim’s body, leaving the victim’s body, and holding the victim’s body and body several times; and (b) caused the victim to be off the victim’s feet for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to E and F;

1. Each self-statement of G and H;

1. Statement of opinion;

1. Place of obligation record, standing photographs;

1. Previous convictions: Inquiry into criminal history data, and application of the text of the judgment;

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

1. The latter part of Article 37 of the Criminal Procedure Act: (a) the reason for sentencing under Article 39(1) is that the crime of this case was detained due to an indecent act committed by the Defendant, etc. committed in the prison without being aware of the detention of another prisoner; (b) the nature of the crime is not less and less than that of the crime; (c) the crime of this case was committed in the course of trial due to an indecent act committed by force issued in the judgment; (d) the fact that the Defendant did not agree with the victim; and (e) the fact that the Defendant was unable to reach an agreement with the victim; and (e) the fact that the

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant is led to the confession of and against the crime, the fact that the equality should be considered with the case where the defendant was tried along with the crime of indecent act committed by the quasi-performance of judgment, and other factors of sentencing as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, etc., the punishment shall

It is so decided as per Disposition for the above reasons.

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