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(영문) 춘천지방법원 원주지원 2018.12.19 2018고단919
특수폭행등
Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to two years of imprisonment with prison labor for special injury, etc. in the Jeju District Court's original branch on August 22, 2016, and completed the execution of the sentence on March 28, 2018 by the Incheon District Court.

[Criminal facts]

1. A special assault against the victim B around April 16:20, 2018, the Defendant discovered the victim B (54 years of age) in front of “D” located in “D,” and assaulted one another (70cm in length) which is an object dangerous for the victim’s desire to desire to the peace, on the ground that the victim is in danger.

2. A special assault against the victim E around April 5, 2018: (a) around 20:20, the Defendant: (b) while drinking alcohol with the victim E (51) in the “G located in the Won-si,” and (c) when hearing the horses from the victim E, “the victim is unable to cause an accident”, the Defendant she collected trees, which are dangerous objects at the same time, and abused the victim’s head by putting him/her up one time.

On August 22, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special injury, etc. in the original branch of the Chuncheon District Court on August 22, 2016, and completed the execution of the sentence in the astronomical Prison on March 28, 2018. On August 29, 2018, the Defendant was detained as a special assault and is currently pending in the trial of the first instance court.

Criminal facts

On July 28, 2018, at around 09:25, the Defendant assaulted the face of H on one occasion at the left side of the bridge of Taeju school, which was 577, with H without any reason, while drinking the h and drinking at the port, and when the Defendant assaulted the victim I (56 years of age) at one time as drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Each statement of H and I;

1. On-site and photographs of damaged parts, each investigation report, and on-site photographs;

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

1. Article 261 of the Criminal Act and Article 260 (1) of the same Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;

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