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(영문) 서울북부지방법원 2019.07.19 2018고단5525
상해
Text

A defendant shall be punished by imprisonment for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 2, 2014, the Defendant sentenced two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court, and completed the execution of the sentence on February 19, 2016.

On August 31, 2018, the Defendant, around 02:40 on August 31, 2018, when the victim B residing on the upper floor of the building of Dobong-gu Seoul Metropolitan Government, and the defendant's house, who resided outside the front floor of the defendant's house, resisted a dispute over the lower floor, and when the victim was able to get the victim from two descendants, she laid the bridge up on the floor, she gets the victim's face, chests, etc., and she gets the victim's face, chests, etc., the Defendant inflicted an injury on the victim, who is in need of approximately four weeks of medical treatment, such as the closed frame of the wall inside the right-hand side.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A suspect interrogation protocol concerning B by the prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. Data, such as a criminal investigation report (related to attachment of a suspect B injury diagnosis report), each injury diagnosis report, and photographs of suspect B damaged parts of the suspect B;

1. A list of reports on occurrence (influence and violence) and 112 reported cases;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, references to criminal records, amounts of dispositions and results of confirmation, investigation reports (suspect A repeated crime), judgment, etc.;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the following: (a) the Defendant committed the instant crime during the period of repeated offense; and (b) the degree of injury of the victim is not somewhat weak; and (c) the Defendant’s sentence is inevitable in light of the reason for sentencing under Article 32(1)3 and (2), Article 25(3)3 and 4 of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Order; (b) the Defendant committed the instant crime during the period of repeated offense.

However, the defendant seems to have the attitude to recognize and reflect the crime of this case, and he himself on the new wall on the ground of noise between floors.

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