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(영문) 인천지방법원 2018.07.26 2018고단4082
존속상해등
Text

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

Reasons

Punishment of the crime

[criminal history] On October 26, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on January 21, 2017. On June 2, 2017, the Incheon District Court sentenced the Defendant to four months of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Incheon Detention House on October 1, 2017.

[2] On May 25, 2018, the Defendant: (a) around 12:05, at the residence of the Defendant and the Defendant’s mother-friendly victim D (Woo, 69 years old) on the 10th underground floor, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon; (b) on the ground that the Defendant was shouldered at 12 times by the victim; and (c) the Defendant was shouldered at the time of the victim’s request by the injured party; and (d) on the ground that the Defendant was shouldered by the Defendant, he was faced with the odor material of the stheme lease.

The defendant continued to expand the victim's hair to the floor by gathering the victim's hair, and set up the victim's body to work as a boom, and damaged the head's boom that requires approximately two weeks of medical treatment on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. A report on investigation (the statement of neighbors);

1. A medical certificate;

1. Previous convictions: Application of an inquiry letter, investigation report (prior convictions and confirmations of repeated crimes), personal acceptance status, Incheon District Court Decision 2016 Height 6368, Incheon District Court Decision 2017 Height 887, Incheon District Court Decision 2017 Height 887;

1. Relevant Article 257 (2) and (1) of the Criminal Act and Articles 257 (2) and (1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommended punishment] is the reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommended punishment] general injury (six months to two years) [the person who is subject to special mitigation (special mitigation)] / remaining victims, victims who are vulnerable to the crime [the decision of sentence] that the defendant recognized the defendant's mistake in October and reflects it, and the victim does not want the victim's punishment, and the defendant suffers from depression, etc.

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