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(영문) 창원지방법원 진주지원 2012.07.24 2012고단717
상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 16, 2009, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective weapon, weapon, destruction, etc.) in the Jinwon District Court's Jinju branch on April 16, 2009, and seven times of the same military force, such as the termination of the execution of the sentence.

【Criminal Facts】

From around March 28, 2012, the Defendant: (a) from around 2005 to around 2007, when the Defendant was her talked with the victim and was detained due to injury to the victim; and (b) around 07:00 on March 28, 2012, the Defendant confirmed that there was a talk to the victim on the front of the D convenience point in Jinju-si, and that there was a telephone call details with other males; (c) after making the victim's face when taking the victim's face by drinking, he saw the victim's face and the chest part, etc. by taking the head of the victim's hair and taking the victim's face, being towed again.

As a result, the Defendant inflicted an injury on the victim, such as internal surgery, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Each written diagnosis;

1. Photographs of each bodily injury, each motion picture, and each motion picture;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of the expiry date of execution of punishment) Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Type 1 of general injury;

(b) A special person: A serious injury or a repeated crime of the same kind;

(c) Scope of recommendations: Imprisonment with prison labor for not less than six months but not more than three years (at least two special persons exist, and the upper limit of sentence shall be aggravated by up to 1/2);

2. The sentence of the same punishment as the sentence shall be pronounced, even though having been sentenced to imprisonment twice twice due to the suspicion of injury, etc. inflicted on the victim, in consideration of the fact that the same crime was committed again, the method of crime, the degree of damage, etc.;

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