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(영문) 수원지방법원 성남지원 2018.05.30 2018고단795
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On May 27, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to a special injury at the Suwon Friwon, etc., and completed the execution of the sentence at the Ansan prison on December 9, 2016.

[2] On August 9, 2017, at around 04:00, the Defendant inflicted injury on the victim D (n, 64 years of age) located in Seongbuk-gu, Sungnam-si, on the part of the Defendant, on the part of the Defendant, on the ground that the victim was sleeped at the time of the new wall, on the ground that the victim was sleeped, the victim’s side glass was cut off by sleeping the victim’s head debt, and the victim’s face was taken off by drinking. As such, the Defendant inflicted an injury on the victim, such as “lick slupus and blood ple,” which requires about five weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (to hear statements by police officers in mobilization related to injury to a victim), report on occurrence of an injury, and report on investigation;

1. A photograph of damage, report on investigation (as to the statement of the victim), and written diagnosis of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as inquiries about prisoners and criminal experiences;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, general injury (the scope of the recommended punishment], the area of mitigation (two months to one year) (special mitigation (special mitigation)] of the mitigated area;

2. A person who again commits an offense of the same kind as the previous criminal records during the period of repeated crime, which is eight months or longer after the defendant was released from prison, shall be sentenced to imprisonment with labor for a year and six months [Judgment] and six months.

However, it takes into account the favorable circumstances such as the defendant's confession, the fact that the victim does not want the punishment of the defendant in agreement with the victim, and other factors of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., are comprehensively taken into account.

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