beta
(영문) 서울북부지방법원 2020.01.08 2018고단5521

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to one year of imprisonment for a special injury by the Seoul Northern District Court, and the execution of the sentence was terminated on September 27, 2017.

On October 8, 2018, at around 18:25, the Defendant brought a beer disease, which is a dangerous thing on the table, in his/her hand, and her left head was cut one time, and carried out a part of the victim's 14-day medical treatment for approximately 14 days on his/her hand on the left side.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. A written diagnosis of injury;

1. Previous records of judgment: Application of criminal records, repeated records, records of violent crimes, and Acts and subordinate statutes governing the period of repeated crimes;

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 among repeated crimes;

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The summary of the assertion was that the Defendant did not inflict an injury upon the victim due to beer’s disease or by exercising violence against the victim.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the victim, from the investigative agency to the court, consistently and specifically stated to the effect that the Defendant was faced with a trial expense to the victim, and the Defendant was at the time of the victim’s head due to the beer’s disease.

F, the victim's day, also stated to the effect that the defendant showed that he was at the time of the victim's head due to beer's disease and together with other persons at the main place of the disease, and E, which operated the main place of the disease, has already been the victim's defendant.