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(영문) 서울남부지방법원 2017.12.20 2017고단2489

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On March 22, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor by obstructing the performance of official duties at the Seoul Southern District Court, and the judgment became final and conclusive on the 30th of the same month.

[2] The Defendant, a person living in a old-age and was seated on the street near the Guro-gu Seoul Metropolitan City, 7-gil 6, the center of Guro-gu, Guro-gu, Seoul, as a person living in a old-age, around March 30, 2016.

“On the ground that they walked the phrase “,”, citing about 13 cm length of concrete sculptures, which is a dangerous object, the victim’s head was cut twice, and the victim’s head was inflicted an injury on the number of days of treatment with approximately 4 cm teared.

Summary of Evidence

1. The legal statement of the witness C;

1. A photograph of a special injury scene;

1. Previous convictions in judgment: Application of investigation reports (referring to inquiries about criminal history of the suspect and reports attached to the status of confinement), investigation reports (referring to reports attached to the same and similar cases of the suspect), and other statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 10(2) and 55(1)3 (a) of the Criminal Act for the mitigation of mental and physical weakness: The fact that there are several records of having been punished for the same kind of crime; circumstances where the method of crime is dangerous: The crime was committed under the state of mental and physical weakness due to old-age dementia, etc.; the victim committed the crime under the state of mental and physical weakness; the principle of equality with the case where the judgment is rendered simultaneously with the obstruction of the performance of official duties in the final judgment that became final and conclusive that the defendant does not want to be punished; and the punishment shall be determined like the order, taking into account the defendant's age, sexual behavior, environment, etc.