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(영문) 대구지방법원의성지원 2020.11.12 2020고단306
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 19, 2020, the Defendant: (a) around 06:30 on August 19, 2020, the Defendant: (b) in the Gyeongbuk-gun Prison B room in the Gyeongbuk-gun of North Korea, and on the ground that the victim C (Nam, and 3 years of age) accommodated in the same confinement room in the Defendant, the Defendant: (c) placed the victim’s back back at the victim’s back to the same confinement room; (d) 3 times the victim’s head head was hick; (d) the victim’s hand back to the back; (e) the victim’s face was hicked three times with the victim’s hand; (e) the victim’s head was hicked, and (e) the victim was hicked with the victim’s face and breast part; and (e) when the victim’s face and breast part were hicked, the Defendant inflicted an injury to the victim with the inside of about five weeks period of medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement C, each police statement C, each written service report prepared in D, and the injury diagnosis report;

1. The sentencing factors indicated in the pleadings of the instant case, such as the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding the crime, the reasons for sentencing of the choice of imprisonment, and other factors, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined in the same manner as the order.

The crime of this case was committed in a disadvantageous condition: The face, hair, and breast part of the prisoner in a prison life with the mind and breath of the chest while living in prison, and the nature of the crime is not good in light of the damaged part, frequency, and degree of damage.

The defendant has been sentenced to nine times (one time of imprisonment with prison labor, four times of imprisonment with prison labor (one time of suspended execution), and four times of fine) due to violent crimes. In particular, the defendant during the prison life resulting therefrom is under execution of the sentence, for which he was sentenced to imprisonment for life on April 13, 2006 by Busan High Court on April 21, 2006.

The crime of this case was committed again without being aware of it.

The favorable circumstances: The defendant recognizes his mistake, repents, and contingently.

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