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(영문) 수원지방법원 2017.05.19 2016고단7134
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Methods Board on September 10, 2013, and completed the execution of the sentence at the original prison on July 24, 2016.

[2] On October 18, 2016, the Defendant used assaulting the victim E (the 59 years old) to drink in front of the “D cafeteria,” which is located in Ssung City, around 21:00, when drinking alcohol, the Defendant saw the victim as a dangerous object, without any justifiable reason, and laid the victim back the plastic table, which is a dangerous object that was in the vicinity, and continued to go up to the back, and put the victim back the plastic chair, which is a dangerous object in the surrounding area, with the number of days of treatment 3-4 cm.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. A written statement in F and G preparation;

1. A report on internal investigation, field photographing photographs, and standing photographs of the upper wife;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the fact during the period of repeated offense by a defendant) statute;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the reason for sentencing) is that the Defendant, who was sentenced to imprisonment with prison labor for the same kind of crime, completed the term of the punishment, and then committed the principal offense during the period of the repeated crime, is inevitable to be sentenced to imprisonment with prison labor.

However, the defendant acknowledges all the facts constituting the crime of this case and reflects it, and the defendant is sentenced as ordered in consideration of the fact that the victim is no longer punished, and all of the sentencing conditions revealed in the trial process.

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