beta
(영문) 인천지방법원 2018.10.04 2018고단4371

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

(2) On November 6, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on November 6, 2014 and completed the execution of the sentence on January 14, 2017.

On May 18, 2018, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Busan District Court's Branch Branch on May 18, 2018, and is currently pending in the trial of the resistance.

[Criminal facts]

1. Special injury Defendant is between victim Y(34) and high school dong, respectively.

At around 03:20 on February 1, 2018, the Defendant: (a) Z apartment 5* * 1* 1* 1* ever in the victim’s house, while drinking alcohol together with the victim, when the victim was in the past high school school, the victim took a bath to the victim because he was fluenced with the Defendant’s right as soon as possible; (b) fluencing the victim’s head, which is an object dangerous to the side, and flucing three times the head of the victim’s head, flucing him about two weeks of treatment.

2. On May 8, 2018, the Defendant was found to have had no intent or ability to pay the amount to the victim at the AC main point of the AB operation of the AB located in the AB, and even if there was no intention or ability to pay the amount, the Defendant was provided alcoholic beverages equivalent to KRW 200,000 at the market price from the injured party, and even if using a female entertainment loan equivalent to KRW 60,000,000,000,000,00

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against Y and AB;

1. A medical certificate;

1. Previous convictions: The application of Acts and subordinate statutes reporting the current status of personal confinement, previous convictions and results of dispositions;

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 347 (1) of the Criminal Act concerning facts constituting an offense (the choice of imprisonment)

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

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. The sentencing of Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is based on the sentencing of Article 53 and 55(1)3.