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(영문) 부산지방법원 서부지원 2017.10.11 2017고단934
특수상해
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal record] On March 19, 2015, the Defendant was sentenced to one year of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court, and completed the execution of the sentence in Busan District Court on October 19, 2015.

[2] On July 30, 2017, the Defendant: (a) around 13:45 on July 30, 2017, referred to the victim D (55) age at the top of the floor of the 1st floor of the Busan Seo-gu building C, Busan, to the victim; (b) on the ground that he/she did not want to hear, he/she inflicted an injury on the victim, such as two open tops, where he/she is in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. A medical certificate of injury (the sequence 20 of evidence list);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (verification of criminal history);

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

1. The Defendant, for the reason of sentencing Article 35 of the Criminal Act, committed the instant crime during the same repeated crime period.

There is no measure to recover damage even though the degree of damage of the victim is not light.

In light of this, it is inevitable to punish defendants strictly.

However, the punishment shall be determined by taking into account the reflective points, etc.

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