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(영문) 인천지방법원 부천지원 2020.01.17 2019고단806
상해
Text

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

Reasons

Punishment of the crime

On December 13, 2018, the Defendant was sentenced to one year of imprisonment for aiding and abetting fraud in the Suwon District Court's Ansan Branch on December 13, 2018 and two years of suspended execution, which became final and conclusive on December 21, 2018, and is currently under suspended execution.

At around 00:00 on February 12, 2019, the Defendant followed the Victim D (the 56 years of age) who was driven in the front of the “Cmast” column B, and took a bath, without any justifiable reason, and caused an injury to the victim in the treatment days, such as sprinking the victim’s candles, sprinking the buck, sprinking the victim’s hair with sprink, leaving the victim’s sprink, and making the victim get the buckbucks, and making the victim get the sprinked on the snow part of the snow.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Photographs of the victim;

1. A report on investigation (matters of the verification of CCTV at the site) and a photograph of a CCTV image to cut off on the site;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the confirmation date);

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.

3. In light of the fact that the Defendant, who was sentenced to punishment, committed the instant crime even during the period of suspension of execution, without any particular reason, and the method and degree of the relevant crime by continuing the victim and exercising violence, and the relationship between damage recovery, etc., it is reasonable to sentence the Defendant.

However, it is against the defendant's recognition of the crime, the motive and circumstance of the crime in this case, the degree of injury of the victim, the circumstances after the crime, and other reasons.

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