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(영문) 광주지방법원 해남지원 2017.01.12 2016고단441
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 29, 2015, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of intrusion at the Southern Branch of the Gwangju District Court, and the judgment became final and conclusive on August 3, 2016.

On August 15, 2016, at around 18:40, the Defendant collected a brick (22 cm in total length) from the victim, which is a dangerous object that C (54 cm) was around the ground that the victim C (54 cm) would be annoyed on the road of the Docheon-gu Incheon, Incheon, the floodgate passage 4, Dongcheon-gu, Incheon.

As a result, the Defendant placed the victim a eyebrow on the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Spare photographs of a damaged part and a dangerous object;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the crime of this case is highly dangerous in that the crime of this case is a case of assaulting the victim with a brick, which is a dangerous object, and causing injury to the victim.

In addition, considering the fact that the defendant committed the crime of this case during the period of suspension of execution and that there is a record of punishment several times for the same crime, the sentence of sentence is inevitable.

However, in determining the specific sentence, it shall be considered in favor of the defendant such as the reflection of the defendant, the agreement with the victim, etc.

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