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(영문) 의정부지방법원 2019.09.19 2019고단844
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for six months at the Seoul Western District Court on the grounds of the crime of a criminal investigation or signature, and the judgment became final and conclusive on May 15, 2018.

【Criminal Facts】

On January 6, 2018, at around 22:30, the Defendant, while drinking alcohol together with the victim D(34 years of age) in the “Ccafeteria” located in Gangnam-gu Seoul, said, the Defendant expressed the victim’s desire to “I am fye equal to fych fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fye fy, and led the victim to the victim’s head fye fy, by gathering the victim’s head fye fy, and led the victim’s head fy.

As a result, the Defendant carried dangerous things with the victim about 2 weeks of medical treatment, and caused the following arms to be tyeed, tye, knee, knee, knee, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each investigation report (to attach screen pictures of CCTV video recording and screen pictures of the victim and to submit a written diagnosis of injury to the victim, in which the image of CCTV recording and moving images at the site and violence is exercised to the victim);

1. Previous records: Criminal records, career records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of suspect cases);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below) is committed by the victim as a major soldier who is a dangerous object.

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