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(영문) 수원지방법원 2019.09.06 2019고단3475
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On April 13, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for general automobile fire prevention in Ansan District Court’s Ansan Branch, and completed the execution of the sentence at the Sungsung Vocational Training Prison on February 10, 2018.

On April 25, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. with the Suwon District Court's Ansan Branch on April 25, 2019, which became final and conclusive on July 30, 2019.

【Criminal Facts】

On June 22, 2019, the Defendant: (a) around 07:22, at the Suwon-si disciplinary room B of Suwon-si, the Defendant: (b) brought the victim C (the age of 43) who was executing the disciplinary action together, to the face of the victim for the reason that the victim C (the age of 43) was at the same time, and brought about the lid of the water in about 80°C’s temperature, and then lided the water into the face of the victim; (c) then the victim sawd the body of the victim at the body of the victim three times, she inflicted injury, such as ear, neck, shoulder, shoulder, image, etc. on the treatment days by taking the victim’s face into consideration three times as aground.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s self-written statement;

1. A working report;

1. A investigative report (CCTV image), ctv video CD;

1. Written opinions of opinions;

1. Investigation reports (Submission of medical records of prisoners by 2 suspects), investigation reports (certificate of confinement);

1. Previous convictions in judgment: Criminal history records, list of related cases, and application of statutes of judgment;

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 among repeated crimes;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, taking into account the following circumstances, the Defendant’s age, character and conduct, environment, the circumstances and results of the instant crime, and all of the sentencing conditions indicated in the instant case, including the circumstances before and after the instant crime, shall be determined as ordered.

The favorable circumstances: The fact that the error is divided and reflected, and the fairness in the case that the judgment has been judged simultaneously with special larceny, etc. of which judgment has become final.

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