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(영문) 광주지방법원 2017.08.30 2017고단3119
상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On November 19, 2015, the Defendant was sentenced to imprisonment with prison labor for two years and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Gwangju High Court, and the suspended execution becomes final and conclusive on November 27, 2015, and is currently under suspended execution.

On June 9, 2017, around 07:30, the Defendant, at the central plaza located in Seo-gu, Seo-gu, Seo-gu, Gwangju, inflicted an injury on the victim, such as a thring, influoring the victim’s neck by having the victim’s face one time, and then having the victim’s neck back by having the victim’s knife with his knife cut, and then having the victim’s knife one time with his knife, and then having the victim’s knife for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement B, D, and E;

1. A criminal investigation report (CCTV image verification report);

1. A written diagnosis of injury;

1. On-site photographs of the case;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the previous judgment) and other statutes;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. The scope of recommended punishment [the types of decisions] on the sentencing criteria and the scope of the recommended punishment [the scope of the recommended punishment] shall be one year from two months to one year, general injury to violent crimes;

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, background of the crime and circumstances after the crime, as described below six months of imprisonment.

The favorable circumstances: The confession of the crime was made.

The agreement was reached with the victim.

D. Unfavorable circumstances: A crime is not good because it unilaterally assaults the victim, such as receiving the head of the inside of the victim without any particular reason, and harming the victim, such as felbling, etc.

The defendant has been punished for the same or similar crime even in 2015, such as being sentenced to a suspended sentence of imprisonment for a violent crime.

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