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(영문) 대전지방법원 2019.03.28 2018고단3773
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 12, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for an injury at the Daejeon District Court on September 12, 2015 and completed the execution of the sentence on July 30, 2015.

At around 21:40 on June 24, 2018, the Defendant was playing on the part of the victim B (Nam, 40 years old) who was playing in the Dong-gu Daejeon, Daejeon, Daejeon, Daejeon, 215 (Dong Dong-dong), the discharge subway No. 3, the discharge subway No. 215 (Dong-dong), and "I see that the victim's body is dead," and without any justifiable reason, she took one eye of the victim's body and took one eye of the victim's eye on the floor, she took one time the part of the victim's eye on the part of the victim's body, and she put the victim's head on the part of the victim's body for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement concerning B and C;

1. On-site photographs, photographs of relevant persons, diagnostic notes of injuries, and photographs and explanations (victim B's wife);

1. Previous convictions in the judgment: Investigation report (prior convictions of suspects), the current status of confinement, criminal records, and the results of inquiry into the victim (A) (the defendant and his/her defense counsel asserts to the effect that there is no fact that the victim's head was concealed by using the victim's head. However, the witness's statement and photographs taken immediately after the crime were made by him/her (for example, stacks kept by the defendant), are asked by the victim's country where the victim was kid on

(3) According to the evidence, the court below erred by misapprehending the legal principles on the application of the law to the victim’s head, such as the defendant’s head, as stated in the facts constituting a crime, can be acknowledged.)

1. Relevant laws concerning criminal facts, Article 257 (1) of the Criminal Act that choose a penalty, and the choice of imprisonment;

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

1. Aggravation factors of general injury [category 1] general injury (special person] resulting in aggravated injury] according to the sentencing guidelines: The area of aggravated repeated crimes of the same kind (the area of recommendation, the scope of recommendation), the area of aggravated punishment (the area of recommendation, the scope of recommendation), six months to six months of imprisonment;

2. The defendant who has rendered a sentence of sentence shall be sentenced without any special reason.

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