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(영문) 인천지방법원 2017.05.25 2017고단2027
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On January 28, 2016, the Defendant was sentenced to one year of imprisonment for a crime of the Road Traffic Act at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on December 20, 2016.

[Criminal facts]

1. Around March 13, 2017, the Defendant found the victim D (53 cm, n) who was walking prior to India, Nam-gu Incheon Metropolitan City, Seoul, and found the victim D (53 cm) and, without any reason, carried out the back part of the victim’s right-hand bucks one time to the right-hand knick, which is a dangerous deadly weapon (19.5 cm in total length, 9.5 cm in length) possessed, without any reason.

2. Around 17:46 on the same day as above, the Defendant violated the victim’s residence by opening the entrance door entering the second and third floors of the above building and attempting to open the entrance door gate of the third floor residing in the victim F (39 tax, leisure) by carrying excessive dangerous weapons, which are dangerous weapons, in the commercial housing located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, G, and F;

1. Records of the parts of the injury, photographs of the suspected person identified in Cctv, pictures of the suspected person, and pictures of special assault cases;

1. A medical certificate;

1. Protocols of seizure, list of seized articles, photographs of seized articles, and reports on each investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the period of repeated crime of a suspect), and one copy of the personal confinement status;

1. Relevant Article of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), 320, and 319 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has a record of criminal punishment over several times including the same kind of crime, and in particular, the crime of this case is committed.

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