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(영문) 수원지방법원 성남지원 2017.02.03 2016고단2748
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 23, 2016, around 22:15, the Defendant: (a) sought from the victim E (33) in the first floor of the Seongbuk-gu Seoul Special Metropolitan City building D, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City; (b) demanded from the injured party to smoke in the inside of the body to smoke from smoking; (c) 500c c c straw, which is a dangerous object in the table, 500c c straw.

As a result, the defendant carried dangerous things with the victim's medical treatment days, and caused the victim's medical diagnosis and injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of each damaged photograph;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times the criminal records of punishment for the same kind of crime. In particular, on June 11, 2015, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence for eight months in prison due to the crime of injury resulting from injury to the victim’s head, which is a dangerous object, during the period of a suspended sentence of eight months. The content of the instant crime is inevitable to sentence the Defendant in consideration of the fact that the Defendant committed the instant crime by assaulting the victim to the extent that the victim’s head, which is a dangerous object, is broken down without any particular reason, and the nature of the crime is grave.

However, in determining the term of punishment, taking into account the fact that the degree of injury of the victim was not much much serious, the fact that the victim agreed with the victim, etc., and other factors, such as the defendant's age, sex, family relation, etc., and all the factors of sentencing indicated in the theory of change, the sentence is rendered as ordered.

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