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(영문) 창원지방법원 2016.07.21 2016고단1661

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On November 21, 2014, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. by the Changwon District Court on August 21, 2015, and the execution of the sentence was terminated at the Changwon detention house on August 21, 2015.

On May 3, 2016, the Defendant: (a) around 02:00, at the “singing practice hall” operated by the victim D (51) in Kimhae-si; (b) on the ground that the victim was in danger of disregarding the Defendant’s reputation and failing to properly conduct personnel affairs, and (c) on the ground that the victim was in danger (90cm in length, 2.6cm in width, 2.6cm in width) the Defendant got off the left shoulder of the victim’s left side and dives back of the left side, and led the victim to multiple gamblings that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on investigation (for dangerous goods used at the site),

1. A written diagnosis of injury;

1. Inquiries about criminal history and the application of Acts and subordinate statutes on investigation reports (the date of release, etc.);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The following circumstances were taken into account in determining the punishment such as the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes:

- Basic matters: The details and methods of committing a crime, degree of injury, etc. - Unfavorable circumstances: very high history of criminal punishment for the same kind of crime, and the fact that the crime was committed during the period of repeated crime due to the same kind of crime, etc. - The confession and reflects, etc.