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(영문) 창원지방법원통영지원 2020.09.16 2019고단1016
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 24, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), and on July 4, 2014, the Changwon District Court sentenced eight months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Changwon District Court on July 4, 2014, which became final and conclusive on October 2, 2014, and the sentence of the said suspended sentence was terminated on July 22, 2016.

1. A special injury: (a) around 21:50 on May 14, 2019, the Defendant: (b) collected beer disease, which is a dangerous object on the table table, in his/her hand, on the ground that, while drinking alcohol together with the victim D(50 years of age) and drinking alcohol, the victim was bad for himself/herself as a matter of calculating the drinking value. (c) On the ground that the Defendant collected beer disease, which is a dangerous object on the table table, and taken one time the head of the victim’s body.

As a result, the Defendant carried a beer, which is a dangerous thing, caused damage to the reputation of head part requiring treatment for about two weeks.

2. The injured Defendant was at the time and place indicated in the above “paragraph 1,” and the victim E (the age of 46) was prevented from committing the above act, and the victim was towed to the above 1st century 8, followed the victim’s face by drinking, and went beyond the floor.

As a result, the Defendant damaged the reputation of the part of the number of days of treatment for the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. A report on investigation (Attachment of a field photograph);

1. Medical certificate and written confirmation of medical treatment;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-offenders and confirmations);

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act (the point of any special injury), Article 257 (1) of the Criminal Act, and the choice of each imprisonment with labor;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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