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(영문) 춘천지방법원 강릉지원 2016.04.21 2016고단53

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 17, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Gangnam Branch of the Chuncheon District Court on the grounds of a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.), and on November 29, 2013, the period of parole was expired on February 10, 2014.

(1) On October 14, 2015, the Defendant, while drinking alcohol at the D main point in Gangnam-si C on October 23:25, 2015, while drinking alcohol, she met the victim E (the victim E (the victim 60 years old) who dances at a stage while under the influence of alcohol. The Defendant, without any special reason, she described five times the victim’s chest part on the victim’s chest, walked three times with both sides of the face, walked three times with each other, and landed the beer’s head part, which is a dangerous object on the main table.

Accordingly, the defendant carried a beer, which is a dangerous thing, and caused damage to the victim's reputation and strawing of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs and investigation report (related to a medical certificate);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the confirmation 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 for aggravated repeated crimes;

1. Agreement with the victim who has committed the instant crime during the period of repeated crime due to violent crimes on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity;