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(영문) 창원지방법원 통영지원 2017.11.08 2017고단511
특수상해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On October 21, 2015, the Defendant was sentenced to a suspended sentence of two years in one year and six months, and the judgment became final and conclusive on October 29, 2015, for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).

[Criminal facts] The defendant, around 00:35 on February 16, 2017, had a large drinking value to the main state in D located in Busan Jin-gu, Busan.

During the process of protesting and protesting, the victim E ( South, 24 years old) who is another customer, who has been in the main place, was able to interfere with this, and was able to do so, the victim E, who was driven by the defendant, and the victim E, who was driven by the defendant, got out of the main place, led to escape.

Accordingly, the Defendant laid down each item, which is a dangerous object on the alleyway, in his hand, and brought about approximately two weeks face face of the victim E, which was driven by the Defendant, and brought about about two weeks face of the victim E to the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A investigation report (in cases of CCTV image site conditions, such as the dispatch of the site);

1. Each record book (victim E and witness F);

1. A medical certificate (victim E);

1. Egram of a victim;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of facts during the period of suspended execution) statute;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the protection observation has been punished several times for the same violence crimes. In particular, the defendant committed the crime of this case during the suspension of the execution of imprisonment with prison labor for the same kind of violence crimes. The defendant's records of the same violence crime of this case committed violence against victims through the smuggling, an empty beer's disease, and a documentary stand, and the crime of this case was committed by carrying each item of this case.

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