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(영문) 창원지방법원 통영지원 2017.07.19 2017고단533
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 10, 2016, the Defendant was sentenced to two years and six months of imprisonment with prison labor for special injury at the Busan District Court, and is currently confined in a detention house, and the Victim C (61) is a prisoner who is confined in the same room as the Defendant.

On March 15, 2017, at around 04:55, the Defendant suffered injury, such as the head, the left-hand, the left-hand, and the left-hand, the left-hand, in need of two weeks of treatment, due to the victim's lab, on the ground that the Defendant was not divingd by the Defendant in the Tong-young detention house D located in Yong-Nam-si, Yong-Nam-nam, and the dispute occurred. The Defendant suffered injury, such as the head and the head, the left-hand, the left-hand, the left-hand, the body of which require two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to C, E, and F;

1. A report on workers, a written opinion, and a record of obligations;

1. Application of the Acts and subordinate statutes of violence apparatus photographs, and photographs to injure each victim;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of volume is that the Defendant was sentenced to imprisonment with prison labor for committing the instant serious injury (a patient in a ward who renders a claim to the same patient that he/she would have returned to night without being locked) under the same circumstance as the instant crime, and the Defendant committed the instant crime during the enforcement of the relevant imprisonment, and that the victim’s injury is not less vulnerable to the Defendant.

On the other hand, the court shall comprehensively consider the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and determine the punishment as set forth in Article 51 of the Criminal Act, such as the fact that the defendant shows the appearance against the defendant, the victim desires to take the front position against the defendant, and the defendant's health condition is not good, such as the fact that there is symptoms of the right paralysis by brain color, etc.

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