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(영문) 서울남부지방법원 2016.11.08 2016고단3369
특수상해
Text

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

Reasons

Punishment of the crime

[criminal power] On March 3, 2013, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the District Court of the Republic of Korea on March 3, 2013, and the Defendant was sentenced to 20 assault force in addition to the completion of the enforcement of the sentence in the Port of the Republic of Korea on June 7, 2015.

【Criminal Facts】

On May 20, 2016, the Defendant: (a) around 21:50 on May 20, 2016, while drinking alcohol together with the victim E (the age of 51) at the D station located under the 1st underground floor of Yangcheon-gu Seoul Metropolitan Government, the Defendant: (b) taken the victim’s face and the chest part of the victim’s face into the floor by drinking and drinking alcohol on the ground that it became difficult for the victim to drink the alcohol, and used the victim’s face to take one time, which is a beer of dangerous object on the table, and caused injury, such as the victim’s face face, the number of days of treatment of which cannot be known.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Investigation reports, photographs at the scene of crimes, investigation reports, and investigation reports (to hear statements of victims E);

1. Previous convictions in judgment: Investigation reports (suspect's assault records, judgment, confinement status of each individual, previous disposition), and application of Acts and subordinate statutes of the Criminal Power Inquiry Act and subordinate statutes;

1. Relevant 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 (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for not less than six months nor more than ten years; and

2. Determination of sentence: A majority of the penalty and suspended execution, and the penalty power for a violation of the Punishment of Violences, etc. Act, such as imprisonment for eight months (limited to a flexible crime), the victim's failure to punish him/her [limited to a flexible crime of the same kind], repeated fraud, special circumstances, violation of the Road Traffic Act, violation of the Punishment of Violences, etc.;

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