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(영문) 춘천지방법원 영월지원 2016.10.25 2016고단341
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 201, the Defendant was released on June 28, 2013 and the parole period expired on October 15, 2013, when he was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violence, etc. Act) in the Youngcheon District Court’s monthly support on December 20, 201.

【Criminal Facts】

On August 26, 2016, the Defendant: (a) around 05:21, at the home room of the victim D (the age of 48) located in Gangseo-gun, Gangwon-do; (b) without any particular reason, the Defendant: (c) dumped the Victim D (the age of 48); (d) dumped the Victim’s disease on the right hand; and (e) dumped the Victim’s disease on the part of the victim on one occasion; and (e) dumped the Victim’s dump under one time.

As a result, the Defendant caused the victim by a shouldered sofar disease, which is a dangerous object, twice, and caused the victim to suffer approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A copy of the D medical certificate;

1. On-site photographs, photographs of parts of the victim's DNA injuries, and photographs of a studs' disease;

1. A copy of the 112 Reporting List, and a copy of the 119 Emergency Medical Services Center; and

1. Each report on investigation;

1. Previous records: Criminal records, investigation reports (Attachment of criminal records of the same kind of suspect, confirmation that they are during the period of repeated crimes as of the suspect), and application of Acts and subordinate statutes concerning personal confinement;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation have been agreed with the victim, and there have been favorable circumstances such as the victim and the defendant's wife wanting to have a prior wife. However, in light of the implements and methods of the crime of this case, the crime of this case is very poor, and the defendant has been punished three times, including one sentence for the same crime, one suspended sentence, and one suspended sentence.

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