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(영문) 전주지방법원 2018.12.19 2018고단82
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 11, 2015, the Defendant was sentenced to one year by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Gwangju District Court (a group, deadly weapons, etc.) and completed the execution of the sentence at the Ganpo Prison on January 16, 2016.

[Criminal Facts]

1. On October 1, 2017, the Defendant: (a) at the Jeonju prison located in the Jeonju-ro, 06:50, in the Jeonju-ro, Jeonju-ro, 2034, concluded a dispute with the victim B (55 years of age); (b) and (c) heard the victim’s statement that the victim would not have come out due to his/her own hand; and (d) caused the victim’s neck and injury to the stroke in which the number of days of treatment could not be known to the victim.

2. On October 1, 2017, the Defendant: (a) called the victim at the Jeonju Prison, 09:50, the Defendant: (b) stated, “I am unfroomed so that it may occur well; (c) if you can not fight, I see it as soon as possible; and (d) carried the victim’s right hand hand hand with the victim’s head and shoulder, and carried out the victim’s breast part with the victim’s breast part with the number of days, and caused the victim’s injury, such as the front part part of the shoulder, the left part part of the bar hole, the left part part of the chest and the part of the flab in use, etc., where treatment cannot be known to the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Part of the protocol concerning the interrogation of the suspect against the defendant (including the part concerning the examination of the suspect B) 1. B

1. A register of medical records of prisoners;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect A's identical records and repeated facts);

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. Summary of the assertion

A. The Defendant first set up against the Defendant’s flaps.

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