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(영문) 창원지방법원 2018.10.19 2017고단4103
특수상해
Text

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

Reasons

Punishment of the crime

[criminal history] On January 24, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of destroying special property at the Suwon District Court’s Pyeongtaek District Court on the grounds of a crime of destroying special property, and the execution of the sentence was terminated in the original prison around July 26, 2017.

[2] On September 24, 2017, at around 02:00, the Defendant: (a) three persons, including the victim D (35 years of age) who is a member of the society, and his/her hair, drinked in C head, and the Defendant reported that he/she was “the victim who would not contact thereafter”; (b) two times the face of the victim who is a member of the drinking house, he/she continued to have the victim go beyond the floor; (c) the victim’s face was cut up one time with his/her hair, and (d) the victim’s face was taken up one time with his/her left hand with his/her hair and the victim’s face was taken up with his/her hair, and (d) the victim’s head was taken one time with his/her hair, and the victim’s body and body continued to be taken out with his/her body.

As a result, the Defendant inflicted an injury on the number of days of treatment by carrying dangerous things with the victim's cryp.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to D;

1. Each investigation report (the attachment of a photograph of the person who committed the crime, the capture of CCTV images at the time of committing the crime, and hearing the statements of the victim related to the injury);

1. A damaged photograph of the victim and the closure of the crime scene;

1. Previous convictions: Inquiry about criminal history, investigation reports (Attachment of criminal records and data for repeated crimes), status of personal expropriation, application of statutes of the judgment;

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

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount, took the attitude of the investigative agency to mislead and reflect the Defendant.

It seems that he/she has been drinking together with the victim and has lost his/her self-defense power in a timely manner and has committed contingent crimes.

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