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(영문) 광주지방법원 2016.10.28 2016고단1376 (1)
상해등
Text

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

Reasons

Punishment of the crime

[criminal power] On July 24, 2014, the Defendant was sentenced to six months of imprisonment by the Gwangju District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and completed the execution of the sentence in the Southern Prison on November 10, 2014.

【Criminal Facts】

On January 31, 2016, at around 02:00, the Defendant: (a) reported that the Defendant’s daily-led E was in front of the DNA store located in Gwangju-gu, Gwangju-gu, the Defendant suffered bodily injury, such as the closure of the fele and the bones of the fele, which requires approximately six weeks of treatment to the victim, by drinking the face of the Victim F (28 years of age).

Summary of Evidence

1. A written medical examination of injury to F in relation to the defendant's testimony F, and each police interrogation protocol of the police suspect G in relation to E;

1. The face, address, and photograph of a victim H, Handphone, suspect E, or F;

1. Previous convictions indicated in the judgment: Criminal records, etc. (in the form of 81 pages of investigation records), records of dispositions and results of confirmation, five copies, and the application of Acts and subordinate statutes on the status of personal identification;

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

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

1. The scope of recommendations (the scope of recommendations) on the sentencing criteria: General injury to one category (the general injury), the aggravated area (6-2 years) (person under special circumstances) of the same repeated crime;

2. According to the decision of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records after the crime is committed.

A favorable circumstances: The defendant is led to confession, and is against himself.

Victim F is trying to punish the accused.

around September 2012, the Defendant had a record of criminal punishment for six months of imprisonment with prison labor for the crime of assault, assault, and assault, for eight months of imprisonment with prison labor, or for a violation of the Punishment of Violences, etc. Act (joint injury) around July 2014, and committed the instant crime again during the period of repeated offense.

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