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(영문) 서울중앙지방법원 2018.08.22 2018고단2547
특수상해
Text

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

Reasons

Punishment of the crime

[criminal history] On March 9, 2016, the Defendant was sentenced to ten months of imprisonment for a violation of road traffic law (drinking driving) at the Seoul Central District Court, and completed the execution of the sentence on January 6, 2017.

[2] On January 12, 2018, at around 04:20, the Defendant: (a) suffered from the victim F (34 years), the victim G (31 years old) and the victim G (31 years old) with the victim’s hand room while drinking the 105 head of “E” located on the 105 head of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City D and the 105 head of the underground level; (b) caused the victim’s injury to the victim F and G with the victim’s hand room when the victim bleeps the victim F and the victim G with their hand room; (c) five times the head of the victim F and two times the head of the victim G, and caused the victim F to undergo approximately three-day medical treatment; and (d) caused the victim’s injury to the victim G, including two main points open for about two weeks in order to provide approximately two-day medical treatment.

Accordingly, the defendant carried a dangerous product, and inflicted injury on the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each injury diagnosis letter;

1. A photo of the damaged part;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of repeated offense) statute;

1. Articles 258-2 (1) and 257 (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. The reason for sentencing under Articles 53 and 55(1)3 (see, e.g., the grounds for sentencing) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) was not only a lot of records of having been punished by violence, etc. but also a repeated offense period

The methods of crime, violence and danger of the contents of crime are serious, and there are many damages suffered by victims.

However, due to the favorable circumstances of the defendant, the victims do not want the punishment of the defendant because they agree with the victims.

In addition, the age, sex, environment of the defendant;

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