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(영문) 의정부지방법원 2017.05.10 2016고단3271
상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On September 4, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to injury, etc. in the support of Suwon Friwon, and completed the execution of the sentence at the Suwon Nriwon detention center on January 5, 2016.

[2] On May 10, 2016, the Defendant demanded the victim E (W, 27 years of age) who was sected with the Defendant in the vicinity of “D” located in the Namyang-si, Namyang-si, Seoul, and the Defendant took the victim’s face on several occasions.

After the defendant returned the police officer called up after receiving a report 112, the defendant continued to have the face of the victim several times, and even after walking the body of the victim several times, the defendant 15 days after walking the body of the victim, thereby requiring treatment for about 15 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police in relation to E (the police and legal statements made by the victim E are consistent and specific, and it is sufficiently reliable);

1. A written diagnosis of injury;

1. Damage photographs and a detailed statement of reported case processing 112;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of each written judgment;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] General Injury (the general injury) of the category 1 (6 months to 2 years) (the person subject to special aggravated punishment] of the same type repeated crime [the decision of sentence] was not familiar with the defendant during the period of repeated crime due to the same crime, and committed the crime of this case at the same time.

Since police officers were dispatched due to violence against the victim, they continued to use violence against the victim even after they returned, and the degree of such violence and injury is not easy.

It was impossible to agree with the victim, and it was not used.

However, the defendant generally recognizes his mistake and reflects his mistake.

The defendant's female-friendly Gu will be the defendant's wife.

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