beta
(영문) 수원지방법원 2018.01.18 2017고단7023

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【The Defendant was sentenced by the Jeju District Court on September 26, 2013 to three years and six months of imprisonment with prison labor for robbery and for the violation of the Road Traffic Act (refluence of drinking), and the execution of the sentence was terminated on October 15, 2016. On November 30, 2016, the Jeju District Court sentenced the Defendant to four months of imprisonment with prison labor for interference with the performance of official duties, etc., and the said judgment became final and conclusive on August 14, 2017.

A prosecutor prosecuted a criminal record related to a crime of interfering with the performance of official duties against a defendant as a repeated crime; however, as long as the judgment became final and conclusive on August 14, 2017, the detention of the defendant was revoked on February 28, 2017 in the previous trial proceedings.

Even if a repeated crime was committed, it cannot be deemed that the execution of punishment was completed before the judgment became final and conclusive, and it is merely that the number of days of detention after the judgment became final and conclusive was included in the number of days of detention.

【Criminal facts】 The Defendant was working for the Defendant on July 14, 2017 at around 23:40

B At the time of the private accommodation of the person in the wife population C, 101 of the above dormitory, the victim D (23 tax) who is a workplace partner living together in the above dormitory, and the empty bottles, which are dangerous objects in the cooling, were exposed to about 5cm when the head of the victim was cut.

As a result, the Defendant carried an empty glass disease, which is a dangerous thing, brought about the victim about about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the victim's photographic data and the photograph of violence tools;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes (Article 35 of the Criminal Act for the following reasons):

1. The latter part of Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (the crime of interfering with the execution of public duties as decided by a final judgment and the crime of this case);

1. Article 53 of the Criminal Act and Article 55(1)3 of the Criminal Act.