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(영문) 서울북부지방법원 2018.09.14 2018고합246
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On July 10, 2015, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Seoul Southern District Court on July 10, 2015, and completed the execution of the above punishment on October 25, 2016.

around 02:45 on January 3, 2018, the Defendant, while engaging in a dispute with the victim D (43 tax) who is the birth partner in the outer village in Seongbuk-gu Seoul Metropolitan Government cafeteria, was able to mislead the victim of the damage.

“The Defendant’s her mother expressed her desire to do so on his hand, and the defriend test, which initially took place on his hand, deemed defriends as constituting “a dangerous object” under Article 258-2(1) of the Criminal Act and charged with special injury, and thereafter, the Defendant applied for changes in the indictment to delete the dangerous part of the facts charged and change the name of the offense into the name of the offense, and this Court permitted this.

In the case of the victim's head, the injury was caused by the treatment period such as tearing.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of the victim's bodily injury, and a detailed statement of processing reports, 112;

1. Application of a reply to inquiry, such as criminal records, criminal records, etc. as stated in the judgment, (A), and statutes on investigation reports (verification of suspect repeated crimes);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. One month to fourteen years in prison labor within the applicable range;

2. April through one year and six months from the scope of imprisonment with labor for the recommended punishment according to the sentencing criteria (the basic area of the type No. 1).

3. The crime of this case in 6 months of imprisonment with prison labor is one of the debrisons of the defendant, taking the head of the victim, who is an external relative relative, and the crime of this case is not likely to be committed in this part.

Although the victim suffered significant physical and mental damage due to the instant crime, the Defendant did not actively endeavor to recover damage.

The defendant shall be sentenced to two times a suspended sentence of imprisonment and seven times a fine for a crime related to fraud, etc.

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