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(영문) 대구지방법원 2018.10.05 2018고단2337
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On February 2, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( drivers’ assault, etc.) at the Daegu District Court on February 2, 2017 and completed the execution of the sentence at the Ganyang Detention House on April 13, 2018.

[2] On May 9, 2018, the Defendant, at around 19:40 on May 19, 2018, demanded the Defendant, who was travelling on the road of the victim C (76 years of age) in front of the Daegu Northern-gu, Daegu Northern-gu, to turn on the road, and, under the influence of alcohol, took a bath to the Defendant on the ground that he is unfated and fated, he was able to boom the victim’s face by drinking, and booming the victim’s face on one occasion due to drinking, and fating the victim’s side on one occasion, so that the victim’s part of the part of the victim’s face cannot be identified, thereby causing the victim’s injury, such as getting the victim’s kne, and making the victim’s part of kne

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Statement made by the police against C;

1. Investigation report (to attach photographs of suspect C attached to the suspect C);

1. Previous convictions: Inquiry into criminal history, application of each judgment, and application of Acts and subordinate statutes concerning personal confinement;

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 sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant has been punished not less than 40 times including the same kind of crime, and the defendant is subject to the punishment in that he/she commits the crime of this case under the influence of alcohol during the period of repeated crimes for the same kind of crime.

On the other hand, in consideration of the fact that the degree of injury of this case is not more severe, and that the victim does not want punishment of the defendant, it is decided as per the disposition.

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