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(영문) 인천지방법원 2018.10.25 2018고단4010
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On June 10, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor due to an injury, etc. in the Goyang Branch of the Jung-gu District Court, and the Defendant completed the execution of the sentence in the Jung-gu prison on April 29, 2017.

[2] Around 00:40 on April 23, 2018, the Defendant: (a) on the front side of the Bupyeong-gu Incheon apartment complex B, Bupyeong-gu, Incheon; (b) finished the drinking place with the Defendant’s female-friendly C, C’s husband D, and D’s husband’s husband E (32 tax) and took a bath on the drinking place; (c) on the drinking place, the Defendant she was able to take part in the drinking place while getting on and off the vehicle; and (d) the victim was able to take part in the Defendant’s own car and get off the vehicle, and then the victim was able to take part in the body of the victim, and then the victim was able to take part in the body of the victim’s left eye one time in drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Written statements of D;

1. A medical certificate;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (prior convictions against a suspect), copy of the judgment, and the current status of acceptance of each individual;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 14 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the type of determination] means violent crimes, general bodily injury, and type 1 (general injury) (person subject to special sentencing): Cumulative factors: Cumulative repeated crimes of the same kind, serious injury [the scope of the recommended punishment] from June to three years (the maximum of the sentence shall be aggravated by up to 1/2, since there exist two persons only in the area of aggravated punishment, special aggravated punishment).

3. Determination of sentence: The Defendant did not know about the crime of injury even though he was in a repeated crime, and did so to commit the crime of this case where he was aware of the victim's serious injury requiring four weeks of medical treatment, and the nature of such crime is not very good, and the Defendant did not receive any food from the victim and did not make any effort to reach an agreement.

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