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(영문) 전주지방법원 정읍지원 2013.10.10 2013고단407
폭력행위등처벌에관한법률위반(상습상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On May 13, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Injury) in the Jeonju District Court’s branch branch on May 13, 2010, and completed the execution of the sentence in the Jeonju prison on May 12, 2012.

The defendant was sentenced to imprisonment with prison labor for the same crime in the same court on July 24, 2007; on June 19, 2006, the Seoul Central District Court sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act; on December 5, 2001, the Seoul Western District Court sentenced to a fine of 300,000 won for a violation of the Punishment of Violences, etc. Act.

【Criminal Facts】

At around 00:30 on July 28, 2012, the Defendant took a bath to the emergency room of the D Hospital located in C, on the ground that even though you and she did not have to take care of she, even though she and she did so, she did not have to take care of she.

The Defendant, an employee of the above hospital management and the victim E (the age of 26) committed an injury to the victim, i.e., a victim E (the age of 26), who took away from his/her act, bather bather bats, and fats his/her face, and fats his/her bats the victim’s face, with approximately three weeks of treatment.

Accordingly, the defendant habitually injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate;

1. Records before and after judgments: Criminal records, etc. inquiry reports (A), investigation reports (Attachment, etc. of suspects' violent records, copies of written judgments, etc.), and investigation reports (verification of the last day of punishment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The crime of this case is committed again during the period of repeated crime for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act.

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