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(영문) 대전지방법원 서산지원 2019.01.17 2017고단1054
특수상해등
Text

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

Reasons

Punishment of the crime

On December 8, 2016, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. by the Daejeon District Court on December 8, 2016, and completed the execution of the sentence in the Daejeon Prison on January 16, 2017.

Criminal facts

1. Around August 15, 2017, the Defendant: (a) observed a witness of a passenger car in front of the victim C (the age of 53) by cutting off the front of the passenger car in front of the Party C (the age of 53) and laid down the victim’s face three times, i.e., plastic pipe (156cm in length, 3.5cm in diameter, 15cm in diameter), which is a dangerous object in the vicinity of the Party A, while leaving the victim’s face.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on sugars, etc., which do not have two or more locations in order to provide medical treatment for about two weeks.

2. On August 15, 2017, the Defendant: (a) around 22:30 on August 15, 2017, on the ground that the Victim F (the age of 40) sought the reasons for assaulting C, as described in paragraph 1, in front of the main office of the E Hospital located in D, 10 times the victim’s head and face were 10 times the victim’s head and face.

Summary of Evidence

1. Each legal statement of witness C, F and G;

1. The police statement of H;

1. A report on internal investigation:

1. Reporting to a department related to 112 Incident;

1. Investigative reports (Attachment to medical reports, etc.), medical opinion, medical records in an emergency room, and medical records in an emergency room;

1. Each on-site photograph, photograph of criminal tools, and victim's photograph;

1. Previous convictions in judgment: Inquiry reports, investigation reports (verification of criminal records of the same kind of suspect), copies of judgments, and application of Acts and subordinate statutes on separate confinement of individuals;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 260 (1) (a point of violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of discretionary mitigation is the victim C at the time of the instant case.

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