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(영문) 대구지방법원 포항지원 2021.02.03 2020고단1402
상해
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Criminal facts

【Criminal Force” On December 21, 2018, the Defendant was sentenced to one year by imprisonment with prison labor for the obstruction of the performance of official duties, the crime of bodily injury, and the crime of special bodily injury at the Daegu detention center where the detention was revoked on the same day, and the execution of the sentence was terminated.

[Judgment of the court below] On October 19, 2020, the Defendant: (a) on October 19, 2020, on the part of the police station C of the Southern Port Police Station C of the Southern Port Police Station located in the Southern-gu B of the Republic of Korea: (b) on the part of the victim D (48 years old); and (c) on the part of the victim without calculating the taxi fee after having arrived at the destination; and (d) on the part of the victim, the Defendant was in dispute with the victim; and (c) on the part of the victim

As the phrase “the victim’s neck was fluored by the two descendants, and the victim was fluored with the victim’s neck, thereby causing injury to the victim, such as salt, tension, etc., requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of the violence, a victim's photograph, and a CCTV image photograph;

1. A written diagnosis of injury;

1. Each report on investigation;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation report (the same type of crime records);

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

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

1. The scope of punishment by law: One month to fourteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the general injury [the Class 1] general injury (the person subject to special sentencing] - the element of mitigation: the element of aggravation of punishment - the element of aggravation: There is no area of mitigation [the territory of recommendation and the scope of recommendations], two months to ten months (the person subject to general sentencing];

3. In addition to the above sentencing factors, the degree of injury, the period and circumstances of injury, the criminal records of the defendant's punishment, the reflectivity, etc. shall be taken into account.

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