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(영문) 서울남부지방법원 2019.09.05 2019고단3469

특수상해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On April 18, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for night residence intrusion larceny in the Daejeon District Court’s Red Branch on April 18, 2017, and the judgment became final and conclusive on August 30, 2017, and completed the execution of the sentence in the Incheon Prison on October 27, 2018.

【Criminal Facts】

On 06:20 on 03. 07. 06:06. 06.20, the Defendant collected the cell phone of the victim, which is a dangerous object located in the bed side cremation (gallon S9, weight 189g), while living together with the victim, in Yangcheon-gu Seoul, Yangcheon-gu, D, and the victim's oral dispute with the victim, the victim ignores himself/herself, disregards himself/herself, and added head debt of the victim who was in the bed side cremation with other hand, and collected the victim's cell phone (gallon 70, 189g), which is a dangerous object in the bed side cremation (gallon 7, 2019. 0. 06:20. 0. 06:0. 0. 06:00. 0. 06:20. 0. 06. 06. 0. 206. 206.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning B;

1. A report on the occurrence of an accident, site and photograph of damage, investigation report (Submission of a diagnosis report by a victim), diagnosis report, etc., investigation report (Listening to the statement of a witness E), investigation report (Attachment to a photograph verifying the degree of damage to a mobile phone of the victim), investigation report (examination of dangerous articles), cellular phone photograph;

1. Previous records before ruling: Application of criminal records, etc., each investigation report (verification of suspect confinement records, the same record, previous records, etc., confirmation of the last expiration date of the term of punishment), personal confinement status inquiry, and output under the Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to twenty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to violent crimes; and