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(영문) 대구지방법원 의성지원 2016.05.26 2016고단53
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized one piece (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On March 14, 2016, the Defendant was subject to disciplinary action upon reporting by the victim C at the second place of work of the Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Gyeong-gun, Cheongsong-gun, Gyeongsong-gun, Gyeongs

I think, I collected a dangerous article (23 cm in total length, 12 cm in length on the day) and tried to inflict bodily injury, such as the head (6 cm), left arms (1.5 cm), and the heat of the part (1 cm in length) of the body elbow in which the number of treatment days can not be known to the victim after several times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in C, D, and E;

1. Seizure records;

1. Records of prisoners' affairs;

1. Application of relevant Acts and subordinate statutes;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is deemed to have committed the crime of this case on the ground that in the prison, the victim was injured by several occasions, which is dangerous things of the defendant in the prison, and the nature of the crime is not very good in light of the method of the crime and its risk, etc., and in order to prevent the defendant from committing the crime of this case, the defendant was planned closely to commit the crime of this case by destroying the door door of the workplace, which is the place of the crime of this case, and even before the defendant, the defendant committed the bodily injury by the method of affixing other prisoners, etc. in Seoul detention center. The defendant committed the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul Central District Court on October 25, 2013, which was sentenced to a suspended sentence of one year and six months, and since the defendant failed to agree with the victim, it is inevitable to sentence the defendant to the punishment of the defendant.

However, the defendant recognizes his mistake and reflects his mistake.

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