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(영문) 대전지방법원 2017.07.06 2017고단1642
특수상해등
Text

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

Reasons

Punishment of the crime

On November 20, 2014, the Defendant was sentenced to six months of imprisonment by the Cheongju District Court for a violation of the Road Traffic Act, etc., and completed the execution of the said sentence at the Cheongju Prison on May 16, 2015.

On February 4, 2017, the Defendant, at around 19:30 on February 19, 2017, performed drinking together with the victim C (54 years) and D (43 years old) in the residence of the second floor of the building in Daejeon-gu, Daejeon-gu, Daejeon-gu, accompanied by the victim C (54 years old) and C (43 years old), carried out a dispute with the victim C, and brought the victim C’s head head back one time by his hand, who was going to fluencing the flucing disease, and brought the victim C’s left part of the victim D, who attempted to flucing it from the next to the situation.

As a result, the Defendant, with dangerous things, assaulted the victim D with a tear of about 3 cm in the math part, where the number of days of treatment cannot be known to the victim C, and assaulted the victim D with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Investigation report (119 first-aid and first-aid services workers);

1. Report of occurrence of the case;

1. A report on investigation;

1. A fire station in the place of emergency medical services activities, and a place of emergency medical services activities (a fire station in the middle part);

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to the results of inquiry, such as investigation reports (Attachment of sentence), personal confinement status, criminal history, etc.;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Articles 261 and 260 (1) (a point of special assault and choice of imprisonment with labor) 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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing) are favorable to the defendant, such as the fact that the defendant was committed at the time of and against the instant crime, that the victim did not want the punishment of the defendant by mutual consent with the victims, and that the defendant appears to have committed the instant crime in a contingent manner in the course of full occurrence.

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