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(영문) 수원지방법원 2016.08.10 2016고단1863
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On June 17, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 300,000 won for the crime of destroying property at the Suwon Friwon, etc. and completed the execution of imprisonment with prison labor on November 6, 2015.

[2] On April 11, 2016, the Defendant received a request from the victim D (39 years old) who is an employee of the restaurant in front of the Defendant’s house located in Suwon-si C at Suwon-si, Suwon-si, 2016 for the payment of the amount of food to be consumed. The Defendant reported to the police if she wishes to receive it.

"....... the injured party enters the port where the 112 report is made on a mobile phone."

In addition, the victim's left part of the body was flicked once, and the victim's flick was flicked with the flick hand, and the victim was flicked with the flick hand so that approximately 2 weeks of medical treatment of the victim was needed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written diagnosis of injury;

1. Scenic photographs of the relevant person, and vice versa of the victim's body;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of a repeated crime and the date of release);

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 of aggravated repeated crime: (a) The defendant alleged mental or physical weak disorder; (b) was diagnosed by the stimulative disorder; (c) injury to the existing mental disorder; and (d) the stimulative disorder depending on alcohol use; and (c) at the time of the instant case, the defendant was aware that he was drinking; (d) in light of the circumstances of the crime by the defendant; (e) the situation at the time of the crime; and (e) the defendant’s speech before

As such, the defendant and his defense counsel's mental and physical weakness cannot be accepted.

The reason for sentencing is that the defendant's crime history, means, violence and degree of risk of the defendant's use, and circumstances after the crime were committed.

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