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(영문) 대전지방법원 논산지원 2018.05.18 2018고단173

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 28, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor due to injury in the same court, and was released on August 14, 2017 and the parole period was expired on November 19, 2017 in the branch of the Red Prison, Seosung District.

1. Around March 28, 2018, the Defendant obstructed the victim’s convenience store duty by force by forcing the customer, who was under the influence of alcohol at the E convenience store of the victim D’s operation in Y in Yasan-si, and attempted to enter the cream to the crogate, such as the victim’s fating fat and gathering fat, etc., by getting the victim to report it to the convenience store, thereby obstructing the victim’s convenience store duty by force.

2. In the time, at the place, as described in paragraph 1, the Defendant suffered special injury, as described in paragraph 1, when the victim took part in the victim D (56 tax) and trial expenses, the victim took part in the victim’s face several times by drinking and sprinking him/her out of the knifter, and the victim took part in the victim’s head several times with alinium (50cm in total length) which is a dangerous object after the knife of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as a two-time open situation requiring treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs of the E convenience store, photographs of the head of victim D, CCTV images of the E convenience store;

1. An injury diagnosis certificate (D);

1. Investigation report (examination of aluminium).

1. Previous records: Application of Acts and subordinate statutes to the current status of personal confinement and investigation reports (report attached to suspect-related judgments);

1. Relevant Article 258-2 (1), Articles 257 (1) (a) and 314 (1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 258-2 (1), 257 (1) (a point of harm to carry dangerous articles) of the Criminal Act, and Article 314 (1) of the Criminal Act;

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

1. The defendant's mistake in sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes is recognized, and the victim is the victim.