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(영문) 광주지방법원 2018.07.26 2018고단2156
특수상해등
Text

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

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to imprisonment with prison labor for eight months for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court, and the sentence was finalized on July 13, 2017.

around 03:10 on April 28, 2018, the Defendant took three times the face of the victim D(41) who was fluencing from the victim E(40 years) and two times in drinking, and the Defendant’s wife took three times in drinking, and the Defendant took two times in drinking, and the Defendant’s wife took the face of the victim E(2). However, the Defendant took the face of the victim’s f, which is a dangerous object from the main line (26cm in total, 14.5cm in length) and took the face and the arms of the victim’s E.

As a result, the Defendant carried dangerous articles and inflicted bodily injury on the victim E, which requires approximately three weeks of medical treatment, and inflicted bodily injury on the victim D, such as the closure of the malicious frame that requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Investigation report (related to the C search and confirmation of the status used for committing a crime), investigation report (related to attaching a medical certificate to victim D), investigation report (related to attaching a medical certificate to victim E), and investigation report (related to attaching a medical certificate, etc. to victim E);

1. CCTV CDs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (report attached to records of relevant cases);

1. Relevant Article 258-2 (1), Articles 257 (1) (a) and 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of harm to carry dangerous articles) of the same Act concerning the selection of punishment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

A. Recommendations for the crime of injury [the scope of recommended punishment] general injury (the scope of recommended punishment] is one type (general injury) basic area (from April to one year and six months) [the person subject to special mitigation] penalty not (the person subject to special aggravation).

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