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(영문) 인천지방법원 2017.12.07 2017고단7046
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 30, 2017, at around 11:10, the Defendant: (a) was parked in front of the Nam-gu Incheon Metropolitan City B B lending, and the face from the victim C (45) was cut one time; (b) was cut up to the floor on two occasions by the victim C knb, and kid the victim C on two occasions; (c) continuously, the victim D (V, 44 years old) who is the wife of the above victim C did assault his wife; and (d) the victim D (V, e.g., the victim C) did assault his wife; and (e) the victim D’s back bucks and paper fucks, and walked three times, and the victim C was not aware of the need for treatment between approximately 14 days, on the other hand, the part of the victim D’s knbbbb and the knb and the other part of the knbing that require treatment between approximately 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with regard to the crime of injury to a victim D with heavy circumstances) of the Criminal Act aggravated concurrent crimes;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes (determination of types), violent crimes, general bodily injury, and Type 1 (Scope of Recommendation) (Scope of General Injury) (Scope of Punishment) shall be sentenced to imprisonment for April to 1 year and six months (basic area);

(b) Criteria for handling multiple crimes: Imprisonment with prison labor for April to two years (the lower limit shall be four months, which is the lower limit of the scope of sentence for basic crimes, and the upper limit shall be one year and six months, which is the upper limit of the scope of sentence for concurrent crimes, plus nine months, which is 1/2 of the upper limit of the scope of sentence for basic crimes);

3. Determination of sentence: The defendant, for four months of imprisonment with prison labor, committed each of the crimes of this case even though he had been subject to punishment several times for the same kind of crimes, and the risk of recidivism is high, and the defendant did not reach an agreement with the victims, and the victims have strong punishment against the defendant.

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