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(영문) 부산지방법원 서부지원 2017.08.24 2017고단669
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to imprisonment with labor for a maximum of one year and ten months on April 3, 2014 at the Busan District Court for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and completed the execution of the sentence at the Kimcheon Juvenile Prison on April 3, 2014.

On December 25, 2016, at around 00:45, the Defendant got off a victim E (27 years old) from the “D,” located on the floor C and C in Busan, Seodong-gu, Busan, and the Defendant got off with the Defendant’s shoulder. On the other hand, the Defendant continued to break off the victim’s knife at one time with his knife with his knife with his knife with his knife with his knife, and continued to spread the victim’s face and knife with his knife with his knife with his knife.

As a result, the defendant suffered from the victim for about three weeks of treatment, such as the left-hand eye and straw around the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Attachment of a medical certificate of injury);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of repeated crime period);

1. The relevant legal provisions on criminal facts and the reasons for sentencing (the scope of recommendations according to the sentencing criteria) of Article 257(1) of the Criminal Act for the choice of punishment [the grounds for sentencing guidelines] - The basic area (from April to January 1) of the general injury inflicted upon the general public - The special aggravated person: the special aggravated person - the special aggravated person: the person who was sentenced to the same repeated offense - the person who was not subject to punishment [the decision of sentence] was sentenced to a violent crime, and the execution of the punishment was terminated on April 3, 2014, and the defendant was sentenced to the punishment was committed on January 26, 2015 during the repeated crime period, on the sole ground that the defendant was sentenced to the punishment on January 26, 2015 during the repeated crime period.

Nevertheless, the defendant went back to commit the crime of this case even during the period of repeated crime, and even if it seems no longer meaningful to place the defendant, the defendant will be sentenced to punishment.

The facts agreed with the victim shall be considered as favorable circumstances, and the age, sex, environment, and crime of the defendant.

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