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(영문) 부산지방법원 2019.06.21 2019고단1666
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On May 26, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Assault), etc. at the Busan High Court on July 6, 2016, and completed the execution of the sentence on November 8, 2016, after the judgment became final and conclusive. On August 18, 2017, the Defendant was sentenced to one year and two months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Busan District Court on December 26, 2017, and completed the execution of the sentence at the first prison of the North Korean Branch on October 16, 2018.

【Criminal Facts】

On April 14, 2019, the Defendant: (a) around 10:35 on April 14, 2019, at the center of the Busan East-gu, 200 (the early-dong-dong-dong-do-do-si), the Defendant: (b) was in line with the head part of the victim B (the 33 years old-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si) who was unable to perform the daily operation and drinking of a person who was influenited-do-si, and who was influenite-do-si, was a dangerous object for the

As a result, the defendant carried dangerous articles and damaged the victim's salves that could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Medical care benefit request;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (verification of suspect repeated records)-related Acts and subordinate statutes;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

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

1. Discretionary mitigation of sentencing under Articles 53 and 55(1)3 of the Criminal Act leads to the instant crime during the period of repeated crime for the same kind of crime, the degree of injury suffered by the victim, the fact that it was not agreed with the victim, the circumstances leading to the instant crime, the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the instant crime, records such as the circumstances after the crime, etc., and the conditions of sentencing as shown in the argument of the instant case, shall be comprehensively taken into account.

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