(영문) 의정부지방법원 2017.05.30 2017고단534

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.05.30 2017고단534

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant stated in the indictment for special bodily injury at the District Court of Jung-gu on February 2, 2016 as the “crime of Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” but it is obvious that this is a clerical error in the “special bodily injury.”

On June 12, 2016, after having been sentenced to one year of imprisonment, the enforcement of the sentence was terminated in the medical institution for the government.

Criminal facts

On January 28, 2017, the Defendant, at around 23:30, suffered bodily injury to the victim E (40 tax) and the victim, who drinking alcohol, as a dangerous product, due to the reason that the victim does not respond to the Defendant’s horse, caused the victim’s head to a small-scale disease on the ground that the victim’s head does not respond to the Defendant’s horse, and caused approximately 5cm to the knife of the victim’s head to a knife in the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife, which requires treatment for about 10 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Each damaged photograph (Evidence No. 4, No. 7): The defendant asserts that the head of the victim was flicked only once by a flicker's disease, but the defendant did not have any flicker's head several times due to a flicker's disease. However, in full view of the police statement protocol and the damaged photograph of E, the defendant's head was flicker's head by a flicker's disease.

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a written inquiry report (referring to search of prisoners, etc.);

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

1. The reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are as follows: (a) the Defendant had committed violence and six times; (b) the Defendant had been sentenced two times before and after the suspension of execution; (c) the Defendant had been sentenced one time before and after the suspension of execution; and (d) the Defendant has committed an injury or assault to be a beer, which is a dangerous object; and (c) the Defendant

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