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(영문) 전주지방법원 2017.02.17 2016고단2416
상해
Text

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

Reasons

Punishment of the crime

[Criminal record] On November 27, 2014, the Defendant was sentenced to nine months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Jeonju District Court, and completed the execution of the sentence on August 26, 2015.

[Criminal facts] On September 10, 2016, the Defendant, at around 14:56 on September 10, 2016, fleded the victim E (54) and escaped out of the building of the manpower office.

As a result, a person who gets away from the defendant, the victim, and the defendant were able to see the victim's face and see the victim's face by drinking the victim, thereby causing injury to the victim, such as the diversification of d2 days on the right side, which requires treatment between approximately 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each investigation report (related to the submission of evidence No. 5 pages and a set of examination and treatment);

1. A medical certificate or an examination and treatment set;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (criminal record related to a suspect), text of judgment, and the current status of personal expropriation;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Reviewing the sentencing criteria (the scope of recommended punishment) of the general aggravated area (the imprisonment of six months to three years) (the special aggravated person) of the special aggravated area, and the same repeated crime of the same kind;

2. There is a relatively significant degree of injury suffered by the victim due to unfavorable circumstances to the decision of sentence, the defendant has been subject to criminal punishment several times for the same kind of crime, in particular, the crime of this case was committed during the repeated crime period due to the same kind of crime, and the agreement with the victim was not reached;

The favorable circumstances include the fact that the defendant recognized the crime of this case and that the defendant deposited 2 million won for the recovery of damage.

The above circumstances and the Defendant’s age, sex, environment, etc.

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