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(영문) 청주지방법원 제천지원 2016.05.12 2016고단64

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On November 27, 2001, the Defendant was sentenced to 12 years of imprisonment with prison labor and one year of imprisonment with prison labor for robbery, etc. at the Seoul High Court, and completed the execution of the sentence on April 17, 201.

[2] On January 23, 2016, around 01:45, the Defendant, at the main point of “D” in 01:45 on January 23, 2016, was under the victim E (n, 45 years of age) and drinking, and the Defendant, on the ground that the victim took the Defendant’s medicine, caused the victim to inflict an injury on the victim, such as an open wound of the number of days of treatment.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Medical certificates (E);

1. A damaged photograph (before judgment);

1. Written inquiry about criminal history, etc.;

1. Investigation report (report on attachment of judgment related to repeated crimes);

1. Court rulings;

1. Application of Acts and subordinate statutes on the current status of individual reduction and expropriation;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as follows.

The crime of this case was committed during the so-called repeated crime period after the execution of the punishment was completed on April 17, 2014 due to the fact that there was a record of punishment several times for violent crimes, robbery, etc., and the victim does not want the punishment of the defendant by mutual agreement with the victim.