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(영문) 대전지방법원 2018.12.18 2018고단3857

특수상해등

Text

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

Reasons

Punishment of the crime

피고인은 2018. 9. 16. 18:00 경 대전 유성구 송강로 42번 길 61, ‘ 청 솔아파트’ 상가 앞에서 피해자 B(71 세 )를 우연히 만나게 되자 피해 자가 피고인의 지인에게 누명을 씌웠다고

I think of why it is called ‘drawing with a arbitrade.’

"To the end, the victim was pushed down by hand, and the victim was able to report by using the mobile phone, and the victim collected as high water and laid down on the floor, and caused the above mobile phone to fall off on the floor of the victim's hand, making the victim's hand knife the victim's hand knife the victim's hand knife the victim's hand knife the victim's hand knife the victim's hand knife the victim's hand knife with about 14 days, and the victim sustained the victim's knife knife of two arms requiring treatment for about 14 days, the open upper part of his knife, and the open upper part of his knife wall.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim, and damaged S4 mobile phones when galloning in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A photographs of damaged parts, and on-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions and the choice of punishment for the crime - Articles 258-2 (1), 257 (1) (special injury) of the Criminal Act - Articles 369 (1) and 366 (Destruction of Special Property, Imprisonment with prison labor);

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

1. Grounds for the aggravation of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: The necessity of serious reflectiveness, the fear of a crime that may have caused serious consequences to the victim, accumulation of criminal records of the same kind of violence tendency (the fine in 2011, the imprisonment in 200), and unrepared damage. Reasons for mitigation of loss: Beneficiary status, health poor condition, treatment of the principal offender and need for protective care;