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(영문) 의정부지방법원 2016.09.08 2016고단2496
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 29, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for property damage, etc. by the District Court, and completed the execution of the sentence on August 12, 2015.

1. On February 10, 2016, from around 01:30 to 23:00 of the same day, the Defendant: (a) at the 6 studio operated by the victim D in Nam-si, Namyang-si, the Defendant disputed with F, who was under the influence of alcohol; and (b) 3,267,000 won of the repair cost, collected free residues and bottles on the table; and (c) caused the damage to its utility, such as singing machines, walls, etc., to the extent that the repair cost was destroyed.

2. A special injury Defendant: (a) around 03:00 on February 16, 2016, when drinking alcohol at “H” main points located in G in Namyang-si, Namyang-si, the business owner finished the business; (b) he listened to the end of the month; (c) brought about a tree stop (50cm in length, 5cm in diameter) which is a dangerous object outside the chemical or main points; and (d) took the head of I (50cm in diameter, 42cm in length) of the victim, who was a customer, who was the customer, making the end of the business; and (d) took two times in drinking, the victim I face on one occasion on the hand; and (d) took six times in body, such as the victim’s side, as the tree stop.

On the other hand, the Defendant continued to dump the victim J(the age of 49) with the defect that the victim J(the age of 49) tried to flaps, and flapsed three times the victim J's chest, as the above tree flaps.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment to the victim I, and committed a scarcity of a scarke wall that requires treatment to the victim J for about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Each medical certificate and records of the progress of the medical examination and treatment;

1. Written estimate;

1. Trees photographs, etc.;

1. Previous records: Application of criminal records and investigation reports (the fact that the period of repeated crimes is duration, and criminal records of the same kind and attachment of judgment);

1. Relevant Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act (the point of causing damage to property and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes:

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