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(영문) 의정부지방법원 2017.01.19 2016고단5464

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with labor for one year for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jung-gu District Court on November 3, 2015 and was sentenced to two years of suspended sentence on November 11, 2015, and the judgment becomes final and conclusive and conclusive during suspended sentence.

[Criminal facts] The Defendant and the victim I (44 tax) are as follows: (a) the Defendant and the victim came to know that they were living in a "competence for parliamentary work" as a citizen of the Government.

On September 20, 2016, the Defendant discovered the victim who drinks together with other homeless persons on the 3rd page of the Seo-gu, Seo-gu, 89, Seo-gu, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si, 89, and, in the past, the victim reported to the police on the charge of assault to himself, brought down the defined thing, which is a dangerous object that is far away from the course of the police, and caused the victim to suffer injury on the number of days of treatment, such as getting the victim to go back twice due to the defined salt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on investigation (investigation related to the scene of the case and witness);

1. A damaged photograph;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation results, and application of Acts and subordinate statutes to report investigation (the same criminal record and confirmation of suspect A);

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

1. The Defendant’s reason for sentencing of Articles 53 and 55 subparag. 3 (i.e., confession and reflectiveness) of the Criminal Act (i.e., confession) is the confession and reflect on the instant crime.

On the other hand, the defendant has a record of criminal punishment for a multiple times as a violent crime, and in particular, the crime of this case is committed during the suspension of execution due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

In light of these various circumstances, despite the repeated punishment, the character and conduct of the defendant is not improved, and the drinking is repeated.