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(영문) 대전지방법원 공주지원 2016.11.18 2016고단268
상해
Text

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

Reasons

Punishment of the crime

On November 21, 2013, the Defendant was sentenced to two years and six months of imprisonment for special robbery at the Daejeon District Court, and completed the execution of the sentence in the official prison on August 19, 2016.

On June 15, 2016, the Defendant, at the public prison playground of the Sinju City, made a conflict with other prisoners on whether or not the victim C (the age of 39) is against the law, and made a conflict with other prisoners. However, at a rapid speed, the victim who was in front of the six workplace of the above prison was faced with the defendant's shoulder, and the head of the victim was faced with the wall, thereby causing about 8 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement by the prosecution against C;

1. The statement of each police officer made to F and G;

1. Each self-statement of H and I;

1. Report on the offender's domicile, each work report, each information report, and each investigation report; and

1. Medical certificate, medical records of convicted prisoners (victim) [The defendant alleged that he/she had intentionally committed assault, not intentional, but intentional assault, but according to each of the above evidence, the defendant appears to have lived with the student at the time, and the crime of this case seems to have been pushed down with the victim using the resing technology, and it is reasonable to view that the defendant's intentional act is sufficiently recognized.] The application of the law is to apply.

1. Relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act on the selection of punishment, grounds for sentencing of sentence [the scope of recommendation] general injury [the scope of punishment] general, the aggravated area (6 to 2 years) (6 to 3 years] of punishment [the decision of sentence] of serious injury (6 to 4 years] [the decision of sentence] committed the instant crime in the course of prison confinement, and the Defendant committed the instant crime while prison prison confinement, and committed the instant crime, so it is extremely poor that the crime is committed, and that the crime is extremely poor, and that the degree of injury of the victim is very serious, and imprisonment is inevitable.

However, part of the defendant.

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