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(영문) 전주지방법원 2018.03.23 2018고단187

특수상해

Text

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

Reasons

Punishment of the crime

[criminal history] On July 10, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for an injury at the Jeonju District Court, and completed the execution of the sentence at the Jeonju prison on January 14, 2016.

[2] On June 20, 2017, at around 16:05, the Defendant: (a) turned the victim into two arms on the ground that the victim was satisfing with the victim D (57 tax) and satisfing the victim on the ground that the victim was satisfing, and (b) laid down the victim’s satisfing, then, the Defendant inflicted an injury on the victim’s left part of the number of days of treatment to tear the victim’s head (20cm wide, 20cm long, 20cm long).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of E and F;

1. Images of glass, victims, and on-site photographs;

1. Previous records: The results of inquiry, the current status of personal confinement and the application of Acts and subordinate statutes;

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 for aggravated repeated crimes;

1. The circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment: confession, reflectment, unfavorable circumstances: Unagreements, multiple criminal records, crimes committed during the period of repeated crimes, in particular, Article 258-2(1) of the Criminal Act provides that the defendant shall be punished by imprisonment with prison labor if he/she commits a special injury; and the defendant is disqualified for the suspension of execution under the proviso of Article 62 of the Criminal Act due to the existence of a reason for disqualification for the suspension of execution under the proviso of Article 62 of the Criminal Act, sentence is inevitable. In addition, the defendant’s age, sex, environment, occupation, family relationship, motive and consequence of the crime, the circumstances after the crime, etc. shall be comprehensively considered, and the sentence shall be determined as per the order.