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(영문) 대구지방법원 포항지원 2019.02.22 2018고단1542

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to three years and four years of suspension of execution on March 29, 2018 to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or similar act under the age of 13), etc. in the branch court of Suwon District Court on March 29, 2018, and the judgment becomes final and conclusive on July 11, 2018 and is currently under probation.

【Criminal Facts】

At around 20:15 on November 26, 2018, the Defendant was confined in the port prison located in 1003 as the Dong-gu North Korea Port, and was in dispute with the victim C (22 years of age) and the second floor of the 4th floor of the 4th unit of the Posing Port on the 2018.15, the Defendant was in her possession of the mosbro (20c meters in length) which is a dangerous object in the mosium. The Defendant was in his/her own possession of the mosbro (20c meters in length) and carried out an inspection on the part of the mos on which the number of medical treatment days cannot be known to the victim by leaving the part of the left part of the Posing Port.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Each written statement of D and E;

1. Police seizure records;

1. A work report and a medical record of prisoners;

1. Investigation report (certificate of confinement, electronic confinement records, standing records, field photographs, etc.) - Certificates of confinement (A) - Electronic confinement records (C) - Electronic confinement records - Field photographs of victims - on-site photographs of living room records;

1. Previous convictions: Criminal records and investigation reports (verification of period during which a suspect is suspended from execution) - Application of one copy of judgment;

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

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

1. Where the reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation is [the scope of recommendation] the mitigation area (4-1 years), the mitigation area (4-1 years), the reduction area (including the advanced effort to recover damage), the exemption area (4-1 years), or considerable partial damage (the decision of sentence] the defendant has inflicted an injury on a prisoner in prison in the status of being detained in prison even during the suspension period. This is the fact that the defendant has inflicted an injury on a prisoner in prison in the status of being detained in prison.