특수상해
A defendant shall be punished by imprisonment for not less than one year and six months.
Criminal facts
Some of the facts charged were corrected.
On July 21, 2017, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Sungnam Branch of Suwon District Court on July 21, 2017. On July 9, 2018, the Defendant completed the execution of the sentence in the Suwon Prison.
Criminal facts
On August 7, 2019, at around 23:55, the Defendant: (a) discarded the State water in front of the waste bag B located in Seongbuk-si, Seongbuk-si, Sungnam-si, and caused injury to the Victim D (24 years old) and E (23 years old) on the ground that the State water was protruding back from the victim D (24 years old) and E (23 years old) who was seated back; (b) caused the victim D, E’s face faceing several times, and collected plastic boxes for delivery, which is a dangerous object, to the victims, for approximately 21 days of treatment.
Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.
Summary of Evidence
1. Defendant's legal statement;
1. The legal statement of witness D and E;
1. On-site photographs (18 pages), written diagnosis of each injury (Evidence No. 7, No. 17), CCTV images-faging photographs (investigative records), 57 pages);
1. Previous records before ruling: Application of criminal records, references to criminal records, and criminal investigation reports (113 pages, 118 pages)-related 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 among repeated crimes;
1. The scope of applicable sentences under the law for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The scope of applicable sentences under the sentencing guidelines of one year to 30 years [decision of types] each of the special injury crimes [Article 1] and the injury for special injury or repeated crime: The injury for special injury [special aggravated] special injury [Article 1]: the aggravated area of the same repeated crime [the recommended area and the scope of recommended punishment] increased, one year to 3 years [the general person] of imprisonment [the scope of recommended punishment according to the sentencing guidelines of one year to 4 years]: Imprisonment.