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(영문) 서울남부지방법원 2018.04.27 2017고단6345

특수상해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal records] On May 29, 2015, the Defendant was sentenced to one year and six months of imprisonment by obstructing the performance of official duties at the Seoul Northern District Court, and completed the execution of the sentence on September 1, 2016.

[2] On December 17, 2017, the Defendant: (a) around 10:55 on December 17, 2017, at the home of the victim D (51 tax) located in Guro-gu Seoul Metropolitan Government; (b) on the ground that the victim, while drinking alcohol together with the victim, was paid on behalf of the defendant in the past and did not reimburse the victim’s face and body; and (c) on the other hand, the victim’s head was taken once by the victim’s disease, which is a dangerous object.

Accordingly, the defendant carried dangerous articles and inflicted bodily injury on the victim, such as the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A), investigation report (verification of the records of the same type of crime and the fact of repeated crime, etc.);

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 provides for the reasons for sentencing of aggravated repeated crime: (a) the Defendant has been subject to several criminal offenses including the same kind of crime; and (b) the Defendant has committed the instant crime even though he/she has already been sentenced to a fine on one occasion during the same repeated crime period.

The defendant prices the head of the victim as the main disease, and the victim suffered bodily injury due to tear.

On the other hand, the defendant was measured at the boundary level of intelligence and suffered from alcohol usage disorder.

As the birth of the defendant is living together, the victim does not want the punishment of the defendant in agreement with the victim.

The punishment shall be determined as per the order, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, focusing on the above.