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(영문) 부산지방법원 동부지원 2018.08.09 2018고단1143

특수상해

Text

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

Reasons

Punishment of the crime

On April 20, 2016, the Defendant was sentenced to imprisonment for four months and one year and six months with prison labor at the Seoul Western District Court on April 20, 2016. On August 21, 2017, the Defendant completed the execution of the said sentence at the Ansan Prison.

On December 17, 2017, the Defendant: (a) around 06:20 on December 17, 2017, around 06:20, the Defendant: (b) considered the victim D (25 tax) in Busan Shipping Daegu C as an employee to have completed the drinking place; (c) considered the victim as an entertainment receptionist who had drinking with the Defendant, and provided a bath for the victim to return; and (d) took a beer’s face, which is a dangerous object on the table table, he saw the victim as one time to inflict an injury on the victim, such as a non-fringing fel that requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a crime (including violence), a report on investigation, a report on investigation (limited to attachment to the closure of a suspect CCTV screen) and a written injury diagnosis;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verification of the fact that the period of repeated offense is period);

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

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

1. The crime of this case on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount of punishment is an unfavorable circumstance where: (a) the crime of this case committed an injury to the victim, i.e., a beer and beer with a beer’s face; (b) the crime of this case was very bad; (c) the defendant was punished as a violent crime; and (d) the defendant was able to have been punished as a violent crime on April 20, 2016; and (e) on August 21, 2017, he was sentenced to imprisonment for 4 months and one year and six months by completing the execution of the said sentence at the Ansan Prison on August 21, 2017; and (e) the crime of this case was committed without being aware that it was a repeated crime period by completing the execution of the said sentence in the Ansan Prison.

However, the fact that the defendant recognizes the facts charged and reflects the facts charged, that the degree of injury of the victim is not very serious, and that the defendant has agreed smoothly with the victim.