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(영문) 서울남부지방법원 2016.03.11 2016고단66
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 23, 2012, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. by the Seoul Southern District Court, and completed the execution of the sentence in the Seoul Southern Southern District Court on March 14, 2013.

[Criminal facts] On January 3, 2016, at around 02:00, the Defendant ordered a cafeteria located in Guro-gu Seoul Metropolitan Government to provide meals by ordering a tenant and a patrol platform at the D cafeteria, and at the same time, the Defendant puts the tenant value to E who is a cafeteria.

The 55 Doctrine F(55 Doctrine) is the victim who is the customer of the restaurant.

Along with this defect, the body of the victim, which is a dangerous object on a restaurant table (25 cm in total) and the body of the victim's side glass and the unit of the clean trile, which is a dangerous object on a restaurant table, was placed on a restaurant table, and the victim's side glass and the body of the clean trile, which cannot be known as the number of treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Police seizure records and list of seizure;

1. A detailed statement of the processing of reported cases;

1. On-site photographs and damaged photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the attachment of a written judgment, identification of each individual, and current status of expropriation);

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

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense Act shows the attitude of the defendant to reflect his/her mistake, and it is favorable for the defendant that the victim was able to recover the damage and agree to give the victim a preference to the defendant.

However, the Defendant was sentenced to six months of imprisonment for the crime of bodily injury on November 23, 2012 and completed the execution of the sentence on March 14, 2013, and committed the instant crime during the repeated crime period, and the statutory penalty for special bodily injury was imprisonment with prison labor for not less than one year but not more than ten years, and it is inevitable to sentence the Defendant under the law, and the Defendant was a person who suffers bodily injury.

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