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(영문) 수원지방법원 성남지원 2016.12.15 2016고단3261

특수상해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, an injury by a deadly weapon, etc.) at the Seosan Branch of the Daejeon District Court on November 5, 2010, and the same kind of criminal records are six times more.

1. 특수상해 피고인은 2016. 7. 9. 03:40경 광주시 B에 있는 C주점 앞 노상에서 술에 취하여 아무런 이유 없이 위 노상에 설치된 테이블에서 술을 마시고 있던 피해자 D(54세)에게 “나는 전라도 동제파다. 니들은 어디냐.”라고 말하며 시비를 걸고, 테이블에 있던 위험한 물건인 뚝배기를 집어 들어 피해자의 머리를 1회 때리고, 위험한 물건인 소주병을 테라스 난간에 쳐 깨뜨린 다음 깨진 소주병을 휘둘러 피해자의 손가락을 베이게 하고, 주먹과 발로 피해자의 얼굴과 옆구리 등을 수 회 때리고 찼다.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim, such as an excellent satise, where the days of treatment can not be known.

2. In the same time and place as above 1. A victim E (the age of 48) taken the victim’s face with a cellular phone, on the ground that the victim E (the age of 48) taken the victim’s face with the cell phone, the Defendant taken the victim’s face for about 10 days and took care of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. A written diagnosis of injury;

1. On-site photographs, victim photographs, photographs of the suspect, damaged part photographs, and damaged photographs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (attached to judgments);

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act: