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(영문) 의정부지방법원 2016.10.20 2016고단2791
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 5, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the District Court of Jungcheon on September 2, 2015, and completed the execution of the sentence in the Chuncheon prison.

【Criminal Facts】

At around 21:30 on January 11, 2016, the Defendant proposed the victim E (54 years of age) and alcohol to start construction work with the victim, but the victim refused to do so on the ground that the victim refused to do so, the Defendant laid down the head part of the victim's head one time with the beer who was on the table table, and laid down the head part of the victim 3 cm with the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement of the police statement of E;

1. Investigation report (the telephone conversation of a shote);

1. An investigation report (a report on the hearing of statements by female shots G);

1. A report on investigation (Attachment of photographs of damage);

1. Previous convictions in the judgment: Criminal history records, investigation report (the period of repeated crime of a suspect and attachment of the judgment prior to the same kind of force) [The defendant and his defense counsel denies the fact of assault that he did not get out of a beer disease, but according to the consistent statement of the witness E and F and the video of the victim, etc., it is sufficiently recognized that the defendant inflicted an injury by getting off the victim's head one time due to beer disease as stated in the judgment of the defendant];

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

1. Circumstances that are disadvantageous to the sentencing of Article 35 of the Criminal Act for repeated crime: The crime of this case is committed by the defendant with a beer disease, causing injury to the victim's head at one time, and the nature of the crime of this case, such as the defendant's records of having been punished for the same kind of crime, in particular, committing the crime of this case during the repeated crime period due to the crime of injury, etc., not making efforts for recovery from damage, and is favorable to the fact that there is no reflectivity: the victim's criminal punishment.

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