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(영문) 전주지방법원 2018.01.18 2017고단2110
상해등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal record] On December 22, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Militarysan Branch of the Jeonju District Court on July 14, 2016, and completed the execution of the sentence in the Militarysan Prison.

[Criminal facts]

1. On September 22, 2017, the Defendant: (a) considered that the Defendant was moving the room due to the defect of the victim C (33 tax) living in the same room in the previous correctional room located in 2034, Masan-dong, Masan-ro, Masan-ro, Masan-ro; (b) caused the victim’s back head on the part of the victim on a one-time basis; (c) on a one-time basis, on the part of the victim, the face on the part of the victim on a one-time hand, and on one-time basis, caused the victim’s injury, such as the upper part on the left side of the treatment.

2. The Defendant injured the Defendant by assaulting the Defendant’s grandchildren D(53) of the victim victim D(53) of the above correctional institution, which caused the Defendant’s bodily injury, by stating that the Defendant was fluoring the Defendant’s bodily injury by assaulting C while assaulting C, and that he was fluoring the Defendant’s bodily injury.

The victim suffered bodily injury, such as cathere, catum salt, tension, etc., in need of treatment for about two weeks, by facing the back head of the family and going beyond the living room.

In the end, the Defendant committed assault against the victim, thereby causing injury to the victim.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each police statement made with respect to C, D, E, and F;

1. Each self-statement of A, G, H, and I;

1. Work reports, investigation reports, information on inmates in wards, records of medical duties, photographs, and medical certificates;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions of the Criminal Act, Article 257(1) (the point of injury) of the Criminal Act, Articles 262 and 257(1) (the point of injury caused by violence) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Punishment) of the Criminal Act for the aggravated concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment with labor from one month to one.

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