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(영문) 수원지방법원 안산지원 2019.03.20 2019고단167
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, Etc. at Seoul High Court on July 2, 2016 and completed the execution of the sentence on August 15, 2017.

Around 23:30 on September 30, 2018, the Defendant: (a) driven a car in MEL, stopped on the road in front of theO located in the Seo-gu Incheon, Seo-gu, Incheon; and (b) tried to start the P again; and (c) the victim Q (the age of 50) who observed it stated that the said car is a tea and a driver’s seat; and (d) the victim Qu (the age of 50) said that the said car was “nicked from his/her father and his/her son’s seat,” and said, the said car was 3 meters back, and the victim’s blick part of the car was faced with the said car door; and (d) the victim suffered injury, such as salt catage and tension, at which the victim needs to receive treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. A medical certificate;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning the results of inquiry, each judgment, and personal confinement;

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 among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of types] for special injury and repeated injury [Special Contributor] - Insignificant injury element of mitigation [Determination of the recommended area] - In the mitigated area of mitigation [the scope of recommendation area] six months to one year [the minimum sentence of recommendation area is four months or in six months because the minimum sentence of punishment under the law is in six months, it refers thereto] [the general person] - The aggravated offender of this type of aggravated element [decision of punishment] - The above aggravated offender of this type of repeated crime (decision of punishment] the defendant's mistake is recognized, the defendant's criminal records, etc. are considered.

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