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(영문) 제주지방법원 2015.05.29 2015고단42
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Jeju District Court on February 13, 201, and the judgment becomes final and conclusive on February 21, 2014, and is currently in the period of suspended sentence. On June 27, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Jeju District Court on June 27, 2014, and the Defendant appealed and appealed on September 4, 2014, and the judgment dismissing the appeal becomes final and conclusive on September 12, 2014, and is currently being executed in the Jeju

On November 23, 2014, the Defendant suffered bodily injury, such as a pelle, etc., in which the victim's face was taken one time due to drinking, and the victim's face was taken more than five weeks, while the Defendant had been in a dispute with the victim D (the 42 years of age) in Jeju prison in the 3rd and lower-class C, Dong-dong, Jeju-dong, Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A medical certificate;

1. Previous convictions: Investigation of criminal records, investigation reports (reports during the period of suspension of execution of sentence), and application of Acts and subordinate statutes of confinement certificate;

1. Relevant provisions of criminal facts: Article 257 (1) of the Criminal Act;

1. Selection of a sentence: The defendant, for the reason of sentencing of imprisonment, was sentenced to three years of suspended sentence for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), was sentenced to three years of imprisonment for a violation of the said Act; on February 21, 2014, the judgment became final and conclusive on February 21, 2014; and on January 17, 2014, prior to the said judgment became final and conclusive, again commits a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and was sentenced to one year and six months of imprisonment on June 27, 2014 and became final and conclusive on September 12, 2014, and thus, was still serving in the current Jeju Prison, and became final and conclusive, and thus, was not well aware

The place where the defendant caused the crime of this case is a prison room, which is a closed space, and the victim is a victim due to the characteristics of the prison.

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