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(영문) 의정부지방법원 고양지원 2017.05.11 2017고단709

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant was sentenced to one year for a violation of the Narcotics Control Act in the Incheon District Court, and the execution of the above sentence was terminated on October 23, 2015. On December 16, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury in the Jinyang Branch of the Jinan District Court, and the above judgment became final and conclusive on April 22, 2017.

On July 11, 2016, the Defendant sought to verify the location of the “E” that has inflicted loan damage to oneself against the Victim F (F (V, 38 years of age) who is his/her subsequent back, in light of D Ba-dong, U.S., Dong-gu, U.S. around 23:20 on July 11, 2016, but the Defendant tried to verify the victim F (F, South, and North, 40 years of age) with a reasonable response. However, the Defendant was on the table table, a table table, where the Victim F and the Victim G (V, South, and 40 years of age) are drinking together.

50CC beer for the victim F, etc., and the victim G, who continued to report and refrain from the above, had the face part of the victim G.

In this respect, the Defendant, using the aforementioned dangerous articles 50CC beer mar for about three weeks, applied to the victim F, with approximately two weeks of open aggregates, and the victim G put about approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness F and G;

1. Each photograph and each medical certificate;

1. On-site reports (in respect ofCCTV and D business owners and currencies):

1. Previous convictions indicated in the judgment: the application of the defendant's legal statements, inquiries about criminal history, and investigation reports (Evidence Nos. 18, 19 of the evidence list);

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 an aggravated repeated crime (it is a previous crime committed in violation of the Act on the Control of Narcotics, Etc. as indicated in the judgment);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes referred to in each of the above crimes and the special injury crimes as indicated in the judgment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are disadvantageous reasons for sentencing: The instant crime is intended to take advantage of the victim’s face with the 500CC beer, which is a dangerous thing.