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(영문) 대구지방법원 안동지원 2017.05.11 2017고합3
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 20, 2013, the Defendant was sentenced to one year and six months of imprisonment due to the crime of injury, etc. in the Daegu District Court, and completed the execution of the sentence on April 7, 2015.

On January 21, 2017, at a 'D' restaurant located in Ansan-si C around 08:00, the Defendant: (a) contacted the victim E (the victim E (the victim E, 42 years of age) who was in an internal-related relationship with him, and up to now, with the victim F (the victim F.49 years of age) who was male before drinking him; (b) was discharged from beer disease, which is an object dangerous to the victim E’s water flow; (c) was satched one time, satch, face, face, and telegraph was satched by drinking and launching; and (d) the victim E suffered injury, such as a satch and telegraph of the victim E, which requires approximately two weeks of treatment; and (e) took the victim F’s face and telegraph to drinking and satching the victim F to satn with approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each investigation report (to attach photographs of damage / Victim Eth injury diagnosis report);

1. A written diagnosis of injury;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to previous rulings), application of Acts and subordinate statutes on personal confinement status;

1. Relevant Article 258-2 (1), Articles 257 (1) (a) and 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of harm to carry dangerous articles) of the same Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) of the same Act;

1. Imprisonment with prison labor for not less than one year nor more than 30 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) No sentencing criteria for special injuries shall be set;

(b) Crimes of Bodily Injury [Determination of Type] Crimes of Violence, General Bodily Injury, and Type 1 (Special Sentencing Person): Reduction element of Punishment : The basic area of the same repeated crime [Scope of Recommendation], the basic area of imprisonment with prison labor for not less than four months and not less than one year and six months.

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