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(영문) 춘천지방법원 강릉지원 2018.09.07 2018고단508

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 6, 2017, the Defendant was sentenced to one year and eight months of imprisonment with prison labor due to an injury at the Gangnam Branch of the Chuncheon District Court, and on May 20, 2018, the Defendant completed the execution of the said sentence at the Gangnam Prison.

The written indictment states, “The Defendant was sentenced to two years of imprisonment due to an injury, etc. at the Gangnam Branch Branch of the Chuncheon District Court on October 27, 2016,” but “The Defendant is obviously a clerical error in writing of “a year and eight months of imprisonment with prison labor due to an injury, etc. in the Gangnam Branch Branch of the Chuncheon District Court on April 6, 2017,” and it seems that there is no concern that the Defendant might have a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Therefore, ex

(See 114.-125, see, e.g., Criminal Records)

1. On June 5, 2018, the Defendant: (a) was under the influence of alcohol in front of D gas stations located in Gangseo-si, Gangnam-si; (b) the victim E (43 cm) who was repairing a vehicle using the shape pipe (50 m in length), which is a dangerous object in front of D gas stations located in Gangnam-si, and without any justifiable reason; and (c) the victim’s face by drinking, i.e., when the victim’s face is taken, the Defendant committed dump and tension, damage to sins, sins, and straw, etc. of the shoulder pipe that requires treatment for about two weeks.

2. The Defendant damaged a special property with the pipes described in the above paragraph 1, which are dangerous goods at the time and at the place specified in the above paragraph 1, and damaged the Victim F’s G K5 car to cover repair costs equivalent to KRW 449,854.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Investigation reports (in-depth photographs, etc. attached), investigation reports (in-depth photographs, etc. of victim E-Assaults), investigation reports (in-depth photographs, etc. attached), investigation reports (in-depth letters attached to victim E-checks), and investigation reports (in-

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification, etc. of the same criminal records as the suspect and the period of repeated crime);

1. Articles 258-2(1), 257(1) (a) and 369(1) and 366 of the Criminal Act concerning the facts constituting an offense (a point of special injury) of the pertinent Article of the Criminal Act, Articles 258-2(1), 257(1) (a) and 366 of the Criminal Act; and (b) imprisonment with labor;