beta
(영문) 인천지방법원 부천지원 2019.05.22 2019고단356

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 23, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Changwon District Court, and completed the execution of the sentence on December 20, 2018.

The defendant is a resident of North Korea who has escaped from North Korea and is a victim B (n, 23 years of age) and a branch.

From January 28, 2019 to around 02:00 on the same month, the Defendant was in dispute with another male on the ground that the victim had telephone conversations with the other male at the residence of the victim in Bupyeong-si from around 23:50 to around 02:00 of the same month, and the victim said that “the victim would be scard, scard, and scard,” and the victim scards the face and head of the victim on the drinking, and scards (the total length of 33cc, 19cc, the knife length of the kitchen) were collected, and scards (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The police seizure record and the list of seizure;

1. Certificates of medical treatment;

1. Each photographic material;

1. Before judgment: Criminal history records, replys to the prosecution, reports on criminal investigations (pre-suspects of suspects and confirmation of criminal punishment) and the application of Acts and subordinate statutes attached thereto;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes - The Defendant was a new offender who escaped from North Korea in 2013, and was prosecuted on July 24, 2014 for committing a crime, such as intrusion upon his/her residence, intimidation, etc. with a knife knife, which is a dangerous object, and was sentenced to one year and two months of imprisonment on March 12, 2015 and two years of suspended sentence. The above judgment became final and conclusive on March 20, 2015.

Nevertheless, the Defendant committed the second injury during the period of suspension of execution.