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(영문) 대전지방법원 2017.11.14 2017고단1672

특수상해

Text

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

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to a suspended sentence of ten months in the Daejeon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the prime sentence"), and the judgment became final and conclusive on April 22, 2017.

The defendant was suffering from conflicts due to the birth of the entire wife of the victim D ( South, 49 years old) as the problem of family combustibility and debt.

On February 24, 2017, at around 00:12, the Defendant 00:12, sent the victim to the front of the F community service center located in Daejeon Seo-gu, Daejeon, which led the victim to several times, and caused the victim's hair, shoulder, etc. due to a dangerous device, the Defendant saw the victim's hair, shoulder, etc., such as the number of days of treatment, the number of days of treatment, the head and shoulder of the victim, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Images of CCTV closure photographs;

1. Images of damaged photographs;

1. Entry of copies of the report on the results of internal investigation;

1. A statement of the previous conviction and report (Attachment of the judgment) before the disposition;

1. Application of the statutes written in reply to inquiries, such as criminal history;

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

1. The latter part of Article 37 of the Criminal Act regarding concurrent crimes: (a) recognizes and reflects the offense on the grounds of sentencing under Article 39(1) of the Act on the Handling of Concurrent Crimes; (b) the victim’s female wanting to have her wife; (c) committed a crime waiting for a victim at a planned night; (d) in light of the means and pricing level; (e) is highly dangerous in light of the means and pricing level; and (e) the police upon receipt of a report, regardless of the motive for the crime; and (e) at the time of arrival of the police upon receipt of the report, the Defendant went away from the scene; (d) the victim was unable to communicate; (e) the victim was hospitalized at the University Hospital at February 24, 2017, and was hospitalized on February 20:35, 2017; and (e) the victim was found to have been punished as a dead body model without permission around February 13, 2017.

“The point indicated in “,” and criminal law at the time of the instant crime.