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(영문) 의정부지방법원 2018.08.22 2018고단2456

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution at the Jung-gu District Court on January 12, 2018 and is currently under suspended execution.

[ 범죄사실] 피고인은 2018. 3. 4. 19:40 경 양주시 B 아파트 604동 1001호에 있는 피해자 C(56 세) 의 집에서 피해자, D, E과 함께 술을 마시던 중 피해자가 ‘ 병신새끼야. 니가 뭘 알아’ 라는 말을 하는 등 피고인을 무시하는 말을 하고, 피고인의 휴대폰을 가지고 가서 장난을 치며 돌려주지 않는다는 이유로 화가 나 소주잔을 깨뜨린 후 위험한 물건인 깨진 소주잔으로 피해자의 턱을 때려 치료 일수를 알 수 없는 자상을 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of the same type of force and date of confirmation);

1. A punishment is imposed in consideration of the following facts: (a) a second or second or second or second or second or a second or second or second or second or a second or second or second or second or a second or second or second or second or a second or second or second or a second or subsequent crime of violence is repeated in a short period of time: (b) a crime of special intimidation is committed immediately before a judgment of suspension of execution is rendered (the second or second or second or second or second or a second or fourth41) of the pertinent Article of the Criminal Act regarding a crime; and (c) a person fails to agree with the victim.