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(영문) 춘천지방법원 원주지원 2017.10.20 2017고단850
특수중상해
Text

A defendant shall be punished by imprisonment for five years.

Seized evidence No. 1 ( excessive) shall be confiscated.

Reasons

Punishment of the crime

Around July 23, 2017, the Defendant, while drinking alcohol together with the victim D (54 years of age) at the Defendant’s residence located in Won-si, Seoul, around 21:30 on July 23, 2017, when the Defendant fested with the victim, on the ground that the Defendant was disabled and the Defendant mentioned the work experience of the Marine Corps, and frighted with the victim on the ground that he was frighted, and frighted with the victim on the ground that frighted with the victim, and frighted with the dangerous object on the west face (10cm in total length, 20cm in length, 10cm in length). On the other hand, the Defendant frighted the victim’s right side, and frighted with the victim’s left side of the defect that the victim was trying to escape, and frighted one time frighted with the victim’s injury, such as an injury on the left side of fright, etc.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim, thereby causing a danger to his life.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A protocol of seizure and a list of seizure;

1. Medical certificate and report on investigation (the state of a victim);

1. A criminal investigation report (in addition, such as a letter of response to an appraisal by the National Institute of Scientific Investigation);

1. Application of each statute on photographs;

1. Articles 258-2 (2) and 259 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the sentencing criteria is not set for special serious injury under Article 258-2(2) of the Criminal Act.

The punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc. as follows:

Unfavorable circumstances: The defendant has been punished twice for violent crimes of the same kind, such as joint injury, special intimidation, etc., in addition to being sentenced to a suspended sentence of two years in one year and six months, due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in 2014, in addition to being sentenced to a suspended sentence of two years.

The risk and violence of the case in light of the circumstances of the case, the deadly weapons used, the method of crime, etc.

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