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(영문) 서울남부지방법원 2019.07.23 2019고단2859
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On December 1, 2016, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Southern District Court for the crime of interference with business, and completed the execution of the sentence in the Ansan Prison on December 2, 2017.

【Criminal Facts】 On June 2, 2019, the Defendant: (a) around 18:20 on the front of Guro-gu Seoul Metropolitan Government, and (b) on the ground that the victim C(52 years of age) who drinking alcohol in the Defendant’s surroundings was seated in the Defendant’s horse, the Defendant inflicted an injury on the Defendant, such as an open top, etc., two weeks of the victim’s hair, which requires approximately two weeks of treatment, by putting about about 1m, diameter, and 5m in length, a dangerous object at a nearby construction site, which was in the front of the Defendant’s horse.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police statement (C);

1. A medical certificate of injury and a report of seizure;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of the period of repeated crimes of a suspect)-related Acts and subordinate statutes;

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 among repeated crimes;

1. Taking into account the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act committed the instant crime again during the period of repeated crime with multiple violent crimes and with the same records, it is difficult to view that the defendant has a reason to reduce the sentencing.

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