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(영문) 광주지방법원 순천지원 2017.01.18 2016고단2535
상해
Text

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

Reasons

Punishment of the crime

[criminal history] On October 24, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for night building intrusion larceny, etc. in the Gwangju District Court’s order, and on June 30, 2015, the period of parole passed on July 18, 2015, when the sentence was executed by a netcheon Prison, the Defendant was released on June 30, 2015.

[Criminal facts] The Defendant was aware of the fact on the front road located in Mineyang-si C around September 28, 2016, when around 18:13, 2016.

E과 말다툼을 하다가 직장 동료인 피해자 F(33 세) 이 이를 말렸다는 이유로 왼손으로 피해자의 얼굴을 1회 때려 바닥에 넘어뜨린 후 오른 발로 피해자의 얼굴을 2회 찼다.

As a result, the Defendant inflicted bodily injury on the right side of the Defendant, such as a mathal math, etc. which requires medical treatment for about eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Photographs and photographs of the victim;

1. A written diagnosis of injury;

1. Each investigation report (in relation to attachment of violence field photographs, field showers, victim's degree of injury, relative investigation, etc. in Chinese house);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of repeated records, text of judgment, etc.);

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the type of determination] (the person who is subject to special sentencing] Article 35 of the Act on the Aggravated Punishment of Cumulative Offense: (a) serious injury (the person subject to special sentencing): [the scope of recommendation] increased [the scope of recommendation] [the decision of sentencing] 6 months to 2 years [the scope of recommendation] recognized and reflected by the defendant], the fact that the defendant is a contingent crime, etc.; (b) the crime of this case is a crime during the period of repeated crime; (c) the victim's injury is serious; (d) the victim's injury is not repaid for the victim; and (e) other unfavorable circumstances such as the fact that no damage has been paid for the victim.

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