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(영문) 대구지방법원의성지원 2020.10.29 2020고단253
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2020, the Defendant: (a) around 12:10 on July 12, 2020, at the Gyeongbuk-gun’s prison B room in North Korea, and on the ground that the victim C (Nam, 68 years of age) who was in confinement in the same confinement room had a long term and was faced with long-term eggs, the Defendant disputed with the victim; (b) at the time of 3:4 times as drinking the face of the victim, the Defendant suffered injury, such as an unfforging so that approximately three weeks of treatment is needed.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D, E, C, and F of each police statement, investigation report on workers' work report prepared in E (medical records, opinions, diagnosis records, diagnosis records, assault-related photographs, damaged safe photographs, and photographs of confinement wards);

1. The sentencing factors indicated in the pleadings of the instant case, such as the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding the crime, the reasons for sentencing of the choice of imprisonment, and other factors, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined in the same manner as the order.

The favorable circumstances: The defendant recognized his mistake as a relatively old age, divided it, and the defendant seems to have committed the crime of this case by contingency.

Unfavorable circumstances: The defendant has been sentenced to 13 times of imprisonment with prison labor (four times of suspended sentence (two times of suspended sentence), and nine times of fine) as an act of violence, and in particular, the defendant is under the execution of the sentence as of September 4, 2009, after being sentenced to 15 years of imprisonment with prison labor in Seoul High Court on August 27, 2009, for murder, etc.

The victim has committed the crime of this case without being aware of it, and the victim is punished by the defendant.

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