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(영문) 서울중앙지방법원 2018.01.12 2017고단4248
특수상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around August 21, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Central District Court (Seoul Central District Court) and completed the execution of the sentence around December 19, 2014. On July 13, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for computers and other crimes of fraud at the Seoul Central District Court (Seoul Central District Court) and the judgment became final and conclusive around July 21, 2017.

At around 01:00 on November 9, 2016, the Defendant, at the “D”p, operated by the Defendant in Dongjak-gu Seoul Metropolitan Government, brought a dispute with the victim E (51) who is a customer and the credit value settlement, and brought about a beer’s disease, which is a dangerous thing on his/her customer, and brought the beer’s left side of the victim into his/her hand, making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Images of images of the parts of the victim’s injury;

1. Previous records of judgment: Application of respective Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (referring to review of whether a repeated crime is repeated), judgment, and reference materials for final and conclusive 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 for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Criminal Act to be legally mitigated and Article 55(1)3 of the same Act (the crime of this case is the first head computer, etc. as indicated in the judgment that has already become final and conclusive, and the crime of fraud, such as computer, etc., and the latter part of Article 37 of the Criminal Act, taking into account the equity in cases where a judgment is rendered simultaneously with the

1. In light of the fact that the defendant was sentenced to larceny as stated in the first head of the judgment in the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., conditions favorable to the reasons for sentencing as set forth below), and committed the crime of this case even during the period of repeated crime, the defendant committed the crime of this case. As to the term of punishment, the degree of injury to the victim is not limited, and the defendant was simply agreed with the victim and thus, the injured person against the defendant.

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