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(영문) 춘천지방법원 강릉지원 2017.11.30 2017고단1126

특수상해

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of suspended execution on June 1, 2017 by obstructing business in the Gangnam District Court's Gangnam Branch's Branch on May 24, 2017, and the said judgment became final and conclusive on June 1, 2017 and is currently under suspended execution.

[2] The Defendant was aware of the victim C(54 tax) in the same Dong Dong Dong Dong Dong Dong Dongdong as the victim, and on the ground that the Defendant was not a “D” as the victim’s separate name, the victim was heard from the victim, thereby making an appraisal.

At around 23:30 on September 12, 2017, the Defendant: (a) parked a car on the street to communicate with the Defendant in order for the Defendant; (b) placed a dangerous object presumed to be a metal plate (13 cm in length, approximately 5 cm in length) in the shape of the beginning pedal, which was previously set off from the Defendant’s car, on his hand at around 23:30 on September 12, 2017; (c) placed on the back side of the E Apartment in the East Sea, the Defendant opened a vegetable wall that requires approximately two weeks medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Two copies of a damaged photograph;

1. A medical certificate;

1. A criminal investigation report (verification of a criminal image), nine photographs by capturing a video, and one CD;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (limited to a period during which the suspect is suspended from execution), investigation report (limited to the same type of judgment attached to the same type

1. Unfavorable circumstances for sentencing of Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts: The instant crime was committed by using metal plates as hand and displayed towards the victim’s name and worship, which was a dangerous situation for the victim to be injured. The instant crime was committed without being aware of during the period of suspension of execution, and the record of punishment for violent crimes was possible: The Defendant’s mistake is divided, and the victim is a victim.