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(영문) 서울남부지방법원 2017.05.19 2016고단5086

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 7, 2016, the Defendant: (a) around 11:00 on May 7, 2016, on the ground that the victim D(55) wage was not given to the first floor parking lot of the C Care Center building located in Gangseo-gu Seoul Metropolitan Government, and (b) caused the victim to be cut off from a bridge that the victim was on the east-gu floor, and then did not rash any dangerous object that was located on the floor (hereinafter referred to as “bru”, the total length of 5 cm) and did not cut off the rash (hereinafter referred to as “bru”), a dangerous object that was located on the floor. In twice, the Defendant sustained the victim’s back part of the 1st floor of the C Care Center building located in Gangseo-gu Seoul Metropolitan Government, and caused the victim’s injury, such as U.S. 8 weeks, which requires approximately 8 weeks medical treatment.

around 21:35 on October 23, 2016, the Defendant: (a) requested the victim G (the remaining, 58 years old) who is an employee of Yangcheon-gu Seoul to refund saf or membership in the F Safaf management office; (b) refused to refund saf or membership; (c) the Defendant was faced with electric distress, which is a dangerous object in the place, led the victim to the left shoulder of the victim; and (d) took the victim’s face by hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

"2016 Highest 5086"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Photographs of seized articles;

1. The 2016 Highest 5,202;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act, and Articles 261 and 260 (1) of the Criminal Act (special assault and choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 (a) of the Criminal Act for mitigation of amount of punishment: (i) the method of committing a crime in August is dangerous; and (ii) the actual victim D is serious injury, sliffeing the victim D.