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(영문) 수원지방법원 2020.12.11 2020고단6938
특수상해
Text

A defendant shall be punished by imprisonment for two years.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

[criminal power] On November 21, 2019, the Defendant was sentenced to eight months of imprisonment at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on June 11, 2020.

【Criminal Facts】

At around 12:13 on September 30, 2020, the Defendant, in front of the "D" store in Suwon-si, was under drinking in company with the homeless, such as the victim B (math and 51 years of age), and was under drinking in company with the homeless, the Defendant: (a) made a speech that the drunk victim disregards himself/herself, and (b) took one time his/her face with his/her own drinking, and (c) took one time his/her face with a small-scale disease, which is a dangerous object located on the floor of the he/she made a chemical, with his/her own drinking, and (d) took one time the head of the victim’s face and neck with his/her body going beyond the floor, and led the victim to the injury of the victim, such as the head damage requiring approximately 10 weeks medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation into a police suspect investigation report (on-site CCTV photographs, screen CDs), on-site CCTV photographs, investigation reports (in addition, CCTV photographs for private use, screen CDs), and private CCTV photographs and CCTV photographs for crime prevention against crimes against B;

1. A medical certificate;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the same criminal records of a suspect and confirmation of repeated crimes);

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 reason for sentencing under Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation is that the defendant has the same criminal records of several times, that is a repeated crime period for which four months have not passed since the execution of punishment was completed due to violent crimes, and that the small-scale disease is a minor disease to the extent that it is early mountain sense, and the victim's face is taken several times, etc.

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