(영문) 서울남부지방법원 2020.02.12 2019고단6113

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.02.12 2019고단6113

상해

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 23, 2016, the Defendant was sentenced to imprisonment with prison labor for an injury at the Seoul Southern District Court for one year and six months, and completed the execution of the sentence on January 11, 2018.

【Criminal Facts】

On October 28, 2019, the Defendant: (a) around 08:50, the Seoul Southern-ro, Guro-gu, Seoul, Seoul, for the reason that smelled from the clothes of the victim C (58 years of age) on the ground that the Defendant was smelled, and (b) the victim and the victim were boomed with the head of the victim on one occasion; (c) assaulted the victim on the face of the victim on one occasion by drinking the head; (d) the victim was frightened with the head of the body of the victim on one occasion due to the defect that the victim would have set up against the defendant; and (e) caused the victim to be used on the floor of the living room; (e) the head of the victim who continued to use the body of the victim on one occasion, and (e) sustained the body of the victim on about 31 days after leaving the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Evidentiary photographs;

1. A written diagnosis of injury;

1. Previous records of judgment: Application of criminal records, investigation reports, and copies of written judgments, respectively;

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

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

1. Scope of punishment by law: One month to fourteen years;

2. Aggravation factors of general injury [Type 1] general injury (specially increased person] according to the sentencing guidelines: The area of aggravated repeated crimes of the same kind [the area of recommendation and recommendation], the area of aggravated punishment (the scope of recommendation and recommendation], six months to six months of imprisonment.

3. Determination of sentence: The defendant, for ten months of imprisonment with prison labor, has a record of being punished several times for violent crimes, and was sentenced to four months for an assault crime committed during a prison life on September 25, 2019, and committed a second offense only during the period of one month.

The defendant is unable to oppose the victim by facing his head from the wall and losing his consciousness.

참조조문

-형법 제35조

-형법 제257조 제1항

유사 판례

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-대전지방법원 서산지원 2015.04.08 2015고단6

-의정부지방법원 2016.06.21 2016고합148

-의정부지방법원 2015.01.23 2014고단3772