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(영문) 대전지방법원 천안지원 2016.06.17 2016고단636

특수상해등

Text

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

Seized evidence 1, 2, and 3 shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim C (ma, 36 years old) are married married couples on March 25, 2016.

1. On April 15, 2016, the Defendant assaulted the victim’s face on his/her chest and face on the front of the 'E' restaurant located in south-dong, Southern-gu, Chungcheongnam-gu, Seoul, on April 15, 2016, due to the Defendant’s marriage problems, the victim’s personal information leaked from his/her cell phone, etc.

2. On April 30, 2016, the Defendant suffered special injury on April 30, 2016: (a) around 03:25, the Defendant 105 Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 1101; (b) while drinking together with the Defendant’s and the Defendant’s G, the Defendant was under investigation into the loss of the previous victim’s personal seal impression, liability issues, etc.; (c) he/she has three kitchen-cars, which are a deadly weapon, and among them, put the victim’s left part of the Defendant’s knch-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the police statement related to C and G;

1. Police seizure records and list of seizure;

1. Each photograph;

1. CCTV shooting CDs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that where the victim is fully responsible for the occurrence of a crime or the expansion of damage for the mitigated area (one-half month to eight months) (one-half month) of the mitigation area (a person with a special mitigation), the victim is not set the sentencing guidelines.