(영문) 춘천지방법원 강릉지원 2016.05.12 2016고단158

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자간(%)

(영문) 춘천지방법원 강릉지원 2016.05.12 2016고단158

상습상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. (joint intimidation) in the Gangnam branch court of the Chuncheon District Court on December 1, 2010, and the criminal records of the same violence have reached ten times.

On September 30, 2015, the Defendant was in dispute with the victim B (58 years old) who was located near the bus stops located in the Dong-ro city of Gangseo-si on September 2015, 2015, and had the victim's face level over once in drinking, and had the victim's face level over once in drinking, and suffered injury, such as the victim's opening on the left side of the treatment days, face, kne-free, and kne-free on the left side of the treatment days.

Accordingly, the defendant habitually injured a person's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Records and photographs of diagnosis and treatment;

1. Investigation report (to hear statements by sphos telephone);

1. Previous convictions in judgment: Inquiry about criminal history and investigation report (absent of judgment and other related documents);

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the fact that violent crimes are repeated under the influence of alcohol;

1. Relevant Article of the Criminal Act and Articles 264 and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of the recommended sentence according to the sentencing guidelines agreed with the victim and the victim agree that the protection observation, community service, and lecture attendance order have several times of violence offenses on the grounds of sentencing under Article 62-2 (1) of the Criminal Act, shall be set forth and the execution of the sentence shall be postponed, taking into account the victim's non-existence of the punishment and the degree of injury, etc., in consideration of one year and six months of imprisonment (the crime of violence, habitual injury, type 1, mitigation area (unlimited to punishment) or two years and six months (the victim'

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