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(영문) 창원지방법원 통영지원 2017.06.28 2016고단1790
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 6, 2014, the Defendant was sentenced to four months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Changwon District Court, and completed the execution of the sentence at a detention center on May 17, 2014.

[2] On October 16, 2016, around 12:20 on October 16, 2016, the Defendant: (a) around 12:20, the Defendant: (b) Doker’s operation of the Victim C (80 years of age); (c) Dok-gu, after the purchase of the goods, chip the victim’s vision; and (d) Dok-gu, demanded the victim to request from the injured party; and (e) Dok-gu, the part of the victim’s ma, which is a dangerous object, cut down once; and (e) carried out the part of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation reports on the situation at the time of dispatch of the site, investigation reports accompanied by photographs, such as the upper part and the upper part of the site, the list of reported cases in 112, and investigation reports (for victim's damaged parts);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the confirmation of repeated crimes and change of the name of the crime), and application of the text of the judgment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment has the record of having been sentenced to a fine or imprisonment for the same kind of crime, and the crime of this case is committed after the execution of imprisonment is completed due to the same kind of crime and is committed during the period of repeated crime, so it is inevitable to sentence sentence.

In such a situation, there is no agreement with the victim; while, on the other hand, the defendant appears to be against the victim while recognizing the crime of this case; the defendant has not been injured; the defendant's age, sexual conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc. are considered comprehensively, and the punishment is determined as ordered by the above Article 51 of the Criminal Act.

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