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(영문) 광주지방법원 2018.10.25 2018고단3486
특수상해
Text

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

Reasons

Punishment of the crime

Around 02:00 on August 11, 2018, the Defendant knew the fact that he drinking alcohol together with the victim B ( Cambodia, 25 years of age) and lost his mobile phone at the same alcohol house in Gwangju Mine-gu, and thought that he would have caused damage to the Defendant’s mobile phone while getting on and off a taxi with the victim, and that he would have caused a dispute with the victim.

At around 03:00 on the same day, the Defendant continued to engage in a dispute with the victim in a studio in the mine-gu 03:00 on the same day, and followed the victim who tried to go in the above studio and come in the house, and used the victim as a dangerous object (not less than 1m in length) by making it difficult for the victim to go in the right side of the back of the victim, and then, the victim got out of the body part of the victim's head and body part due to each defect in which the victim intends to escape, and led the victim to an internal cerebrovassis and a dubus.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A medical certificate;

1. Each CCTV photograph;

1. Application of Acts and subordinate statutes on photographs;

1. In light of the reasons for and methods of sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts, etc., the nature of the crime is not good in light of the following: (a) the degree of injury to the victim is heavy; (b) the accused is led to the confession of the crime and the misunderstanding thereof; (c) there is no record of punishment for the accused; and (d) there is no record of punishment for the accused; and (e) the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive for the crime, and circumstances after the crime, etc., as indicated in the argument of this case, shall be determined as per the order.

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