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(영문) 부산지방법원 2016.09.22 2016고단4458

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 19, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. at the Busan District Court, and on May 28, 2015, the Defendant completed the execution of each of the above punishment in the 2nd school of North Korea on July 5, 2016, by having been sentenced to two months of imprisonment with prison labor by the same court.

[2] On August 8, 2016, the Defendant: (a) 1, 2016, around 05:50 on August 8, 2016, the Defendant: (b) 2016: (c) placed a dangerous object ( approximately 3 4cm in thickness, approximately 116cm in length) on the ground that a victim C (56 years of age) was satisfing the Defendant’s body by drinking alcohol; (d) placed a dangerous object on the ground that the Defendant was diving the Defendant’s body in front of the rest area of 106 in Busan Central-gu, Busan-gu, the Defendant 2nded the victim’s head at two times, and dives of the victim’s head requiring approximately two weeks medical treatment.

On July 8, 2016, the Defendant: (a) around 13:40 on July 8, 2016, 2016, around 2013:13:40, the Defendant: (b) flabed and sculed a man’s flab with his name in the state of drinking in front of the Busan Seo-gu D market Ecafeteria; (c) flabed the flab with a defective driver’s disease in order to control this victim F.(76) ; (d) flabed the victim’s face by hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

[2016 Highest 4458]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The victim's photograph, photograph of the implements of the crime, and investigation report (to hear the victim's telephone statement from a doctor G) (the order of 2016, 4786);

1. Statement by the defendant in court;

1. Statement made by the police with respect to F [the criminal records as stated in the judgment];

1. (A), one copy of a report, investigation report, ten copy of a judgment, one copy of a personal confinement status, and one copy of a written inquiry, such as a criminal history, and the application of Acts and subordinate statutes of a report on investigation (the previous conviction);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 260 (1) of the Criminal Act (a point of violence and choice of imprisonment with prison labor) concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;