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(영문) 춘천지방법원 2016.07.07 2016고단235
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 16, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. by the Chuncheon District Court, and the judgment was finalized on May 27, 2016.

On February 14:30, 2016, the Defendant: (a) placed the victim D(47 tax) and the long-term of the Defendant, together with the Defendant, in Chuncheon prison medical Dong C, which is located in the Yancheon-si, Yancheon-si, Yancheon-si, which is located in the 5th degree of the new village. (b) On February 7, 2016, the Defendant attempted to prompt the Defendant’s long-term. (c) On the Defendant’s port, the Defendant saw the victim’s face by making the long-term printing back, and caused the Defendant’s injury to the right-hand 1,2 spatch complete escape, the number of days

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D, E, and F;

1. A photograph of damaged parts and a medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

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

1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: The following factors for sentencing under Article 39(1) shall be taken into account by comprehensively taking into account the age, behavior, environment, etc. of the defendant: The confession and reflectivity, the victim’s fault, contingent crime, the victim’s negligence, and the victim’s minor shock, and the circumstances that are disadvantageous to the degree that it would be the escape by means of a minor shock; the first head of the judgment in the instant crime and the concurrent crime after Article 37 of the Criminal Act should be considered at the same time in the relationship between the first head of the judgment in the instant case and the latter; the fact that there was a history of punishment several times for the instant crime; the Defendant committed the instant crime during the suspended execution period due to violent crimes [the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on May 20, 2014 and the judgment was finalized on May 28, 2014];

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