(영문) 대전지방법원 2018.07.23 2018고단1406

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(영문) 대전지방법원 2018.07.23 2018고단1406

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual assault), etc. at the Daejeon District Court on May 7, 2016, and completed the execution of the sentence at the Cheongju Prison on May 7, 2016. On May 30, 2018, the Defendant was sentenced to eight months of imprisonment for a crime of assault, etc. at the same court, and the said judgment became final and conclusive on June 8, 2018.

On June 8, 2017, the Defendant: (a) voluntarily discharged from the area, which was located in the Dong-gu, Daejeon on the 215: (b) around 215:0, the Defendant: (c) brought the iron shotrain to the victim C ( South and the age of 63) from among the wasted articles collected by the Defendant; (d) brought about dangerous articles, such as the hack pipe (1m in length) one time; and (e) hacked the victim at three times; and (e) inflicted injury on the victim, such as the hacks of credit, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Each written diagnosis;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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 of Article 39(1) of the Criminal Procedure Act is that the Defendant, on the grounds of minor reasons, caused the victim who was satisfy in a pipe, thereby cutting off the victim and causing injury.

Although the Defendant was able to commit violence and 20 times in the vicinity of the discharge from active service, the Defendant committed a second offense during the period of the same repeated offense, and cannot be exempted from severe punishment due to the Defendant’s lack of the means and degree of the assault, as well as the risk of the assault.

In addition, the sentence shall be determined as ordered by taking into account the sentencing conditions shown in the records.

참조조문

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