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(영문) 춘천지방법원 원주지원 2016.07.05 2016고단398
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 17, 2016, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for the crime of injury, etc. in the Chuncheon District Court's original branch on May 17, 2016, which became final and conclusive on May 25, 2016.

At around 02:50 on February 22, 2016, the Defendant: (a) purchased the victim’s D(45 tax) at the home of the Victim D(S) located in Raw City Co., Ltd.; (b) without any reason, the Defendant, without any reason during drinking with the victim, continued to 2 times prices the victim’s left head on two occasions; and (c) sold the victim’s left head on two occasions; and (d) caused the injury to the victim’s left head on one occasion of the ice lease material, which is a dangerous object on the other hand, with which the number of days of treatment cannot be ascertained.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Arrest report on the occurrence of the case, on-site photographs, the scene of the case, and identification photographs;

1. Deficial photo of an injury;

1. Previous convictions: A reply to inquiry, such as criminal history, reporting of the result of confirmation of the previous conviction of the disposition, summary information of the case, and application of the text of the judgment;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the victim could suffer a great injury due to the defendant’s behavior.

In addition, the defendant has already been punished several times for violent crimes.

However, the defendant reflects the wrong and agreed with the victim.

In addition, the instant crime should be considered in relation to the crime of injury, etc. finalized on May 25, 2016 and the crime of injury, etc. committed after Article 37 of the Criminal Act.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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