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(영문) 대전지방법원 홍성지원 2013.03.22 2013고단35
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On March 26, 2009, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on October 5, 2010.

【Criminal Facts】 The Defendant is a person who operates a street store selling bamboo in front of the D Bathing Beach located in C when she appears to be.

At around 02:10 on November 2, 2012, the Defendant came to know of the agreement between Bohovas and D Bath merchants’ associations to prohibit the act of selling of bamboo within bathing beaches, and followed by the victim F (the age of 49) who is a general director at the above merchants’ associations. He did not know about the breath, “the blath would not be able to do so. He would not be able to do so. He would not be able to do so. He would not do so.” On his left hand, the Defendant expressed the breath and face of the victim one time by cutting down the part of the victim’s breath with his left hand. When he drinks the part of the victim’s face, the breath and the breath of the breath, which had been the victim’s face, and then the breath of the breath, the breath of the breath of the breath, the breath of the victim.

As a result, the defendant suffered injury to the victim, such as the left-hand alley, which requires about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Investigation report (or relative investigation of a victim);

1. Previous records: Application of a reply to inquiries, such as criminal records, and a report on confirmation of the fact of release (Attachment to the judgment and personal identification status);

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences under law: Imprisonment for one month to 14 years; and

2. The scope of recommendations according to the sentencing guidelines (determination of types of punishment), violent crimes, general bodily injury (type 1), general injury (type 1) increased factors - None of the factors to reduce identical repeated crimes (determination of the recommended territory).

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