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(영문) 창원지방법원 진주지원 2016.08.17 2016고단468
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 18, 2016, 07:05, the Defendant rejected the Defendant’s request from the victim of the Jinju Prison’s ward No. 239, Jinju-si’s ward No. 239, Jinju-si, Gindong No. 39, Gindong No. 39, Jinju-si, and the victim C (55 years old) who was next to the Defendant (55 years old), to request the victim to see whether he will leave the room instead of the victim. However, the victim C(55 years old) who was next to the order was defective, and the victim’s left part was 1 time back to the victim’s face and chest, and the victim’s entrance to enjoy emergency bell was able to take one time back to the victim’s entrance to the left part of the victim, and the victim’s injury was 1 to 192-29 days left part of the victim’s entrance that requires approximately 6 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each special amnesty against D or C;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of a victim);

1. The relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act on the selection of a sentence, and the reason for sentencing a sentence of imprisonment is against the Defendant’s own crime. However, in light of the fact that the Defendant committed the instant crime without being able to reflect the previous crime or endeavor to return to sound social members even though he/she was sentenced to 15 years of imprisonment for robbery in around 2003 due to robbery, etc., the Defendant committed the instant crime without having been sentenced to 15 years of imprisonment, and even around 2014, there was a history that the Defendant was punished for the crime, such as interfering with correctional officers’ performance of official duties, and the degree of the victim’s injury, it is inevitable to punish the Defendant.

In addition, the punishment shall be determined as ordered by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the age and sex of the defendant.

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