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(영문) 서울북부지방법원 2018.04.11 2018고단301

특수상해

Text

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

Reasons

Punishment of the crime

[criminal history] On January 16, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for an injury, etc. at the Seoul Northern District Court, and completed the execution of the sentence at the Ansan Prison on September 5, 2015. On January 4, 2017, the Defendant was sentenced to 6 months of imprisonment with prison labor at the Seoul Northern District Court and completed the execution of the sentence at the Female Prison Prison on May 11, 2017.

[2] On November 28, 2017, at around 01:20, the Defendant, at the front of Dongdaemun-gu Seoul Metropolitan Government, drinked with the victim D (38 38 cm) to drink the alcohol together, and caused a dispute with the victim’s face and body, and the victim’s face and body could have been faced by drinking, which is a wooden board (30 cm wide, about 11 cm long, about 5 cm high, about 5 cm high) that is a dangerous object on the road in which the victim’s face and body could have been faced, and put the victim into the part of the victim’s head head on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Photographs of the victim;

1. Photographs of a wooden board;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

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

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

1. Circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment: The punishment for a period of repeated crime, the circumstances favorable to the risk of repeating a crime: reflectiveness, the victim's failure to punish him/her, she shall be determined by imprisonment with prison labor for a period of six months, which is the lower limit of the punishment, taking into account the sentencing factor;