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(영문) 인천지방법원 2017.01.13 2016고단4400

특수상해

Text

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

Reasons

Punishment of the crime

[2016 Highest 4400] On July 10, 2016, the Defendant, on the ground that, at around 09:50 on July 10, 2016, the Defendant 36-friendly coast wharf in Jung-gu Incheon, Jung-gu, Incheon, for drinking together with drinking at the 36-friendly coast wharf, the victim B (47 tax) who was frightly frighted with drinking at this end, was the main of a dangerous object, and the victim’s head was the victim’s head at one time, and the victim’s head cannot be identified.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

[2016 Highest 7290] On September 6, 2016, the Defendant: (a) around 13:20 on September 6, 2016, the victim C (54 years of age) and the injured person in drinking alcohol were required to request the Defendant to reach an agreement on the instant assault case at a prone park located in Jung-gu Incheon, Jung-gu, Incheon, Jung-gu coast wharf; (b) on the ground that the injured person demanded the Defendant to reach an agreement on the instant assault case, the injured person was a dangerous object at the same time, one time of the head of the victim’s head, and put a tear in the ma, where the victim could not know the number of days

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

[2016 Highest 4400]

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each photograph (2016 Height 7290);

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are against the Defendant and recognized as a crime, and the victim B did not want the Defendant’s punishment, etc. were considered as favorable to the Defendant.

However, the defendant has already been punished several times due to the same force, and there is a high possibility of criticism in case of another person's dangerous object while being tried at the Highest 4400 case. In light of the law of crime, the nature of the crime is not good.