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(영문) 울산지방법원 2016.08.02 2016고단1690
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 7, 2011, the Defendant was sentenced to two years and six months of imprisonment due to rape or bodily injury resulting from rape in the military support of the Chuncheon District Court, and completed the execution of the sentence on July 6, 2013.

On January 29, 2016, the Defendant drinks alcohol with victims E (46 years of age) in the “D cafeteria” located in the Southern-gu, Ulsan-gu, Seoul on January 29, 2016.

The defendant has brought about a dispute on the ground that the injured person has expressed his desire to do so to the will of the defendant.

The Defendant, while putting the victim’s bath, she saw an empty baby, which is a dangerous object on the table, and she saw the victim’s head as one time.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim, such as an open wound, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. A damaged photograph;

1. Application of the statute of reply to inquiries, such as personal identification/ acceptance status, criminal history, etc.;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant commits a crime of which statutory penalty is limited to imprisonment during the period of repeated crimes, so the sentence of imprisonment is inevitable.

Comprehensively taking into account the fact that it is necessary to strictly assume the responsibility for the crime of using a deadly weapon that may cause fatal injury, the fact that the defendant was unable to recover damage, the fact that the defendant was mistakenly admitted, the circumstances of the crime, the fact that there are some points to consider in the circumstances of the crime, and the age, sex, environment, etc. of the defendant, the punishment as set forth in the order shall be determined.

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