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(영문) 서울동부지방법원 2017.05.11 2016고단1154 (1)

특수상해

Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Chuncheon District Court, and on February 23, 2014, the Defendant completed the execution of the sentence at the Chuncheon Prison.

【Criminal facts” around 18:05 on April 8, 2016, the Defendant inflicted an injury on the victim C (57 years) with his/her head, chin, knee, knee, and knebbow in the Songpa-gu Seoul Special Metropolitan City area, on the ground that he/she collected each item (90cm in length, approximately 7cm in thickness), which is a dangerous object in the surrounding area, and carried on the victim’s head, kne, knee, and knebow.

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

Summary of Evidence

1. Partial statement of the witness D;

1. A damaged photograph, each item of photograph;

1. Statement of interrogation of suspect C by the police (with unknown whereabouts: Impossibility of being served three times; Handphones and other contact numbers are unavailable);

1. Previous convictions in judgment: Application of a written inquiry about criminal history, text of judgment, personal identification and acceptance status 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is deemed to have committed the instant crime, and the Defendant is also deemed to have suffered injury from the injured party; on the other hand, the Defendant has not been divided into truth; the Defendant has been sentenced to imprisonment with prison labor for the same or similar crimes in this case, as well as the fact that he/she committed the instant crime without being well aware of the fact that he/she committed the instant crime, even after the completion of the execution of the sentence on February 23, 2014, without being aware of the fact that he/she committed the instant crime, even though he/she was a repeated offender, after having been sentenced to imprisonment with prison labor for the same or similar crimes, taking into account all the circumstances and sentencing guidelines revealed in the records and changes theory of this case.