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(영문) 제주지방법원 2019.01.28 2017고단2793
특수상해
Text

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

Reasons

Punishment of the crime

[Criminal Power] On October 8, 2010, the Defendant was sentenced to nine years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery, Injury, etc.) at the Seoul Central District Court, and completed the execution of the said sentence in a female prison on March 14, 2015.

【Criminal Facts】

Around 01:00 on May 22, 2017, the Defendant got a dispute with the victim while drinking with the victim, such as the victim C(36 years of age) within the Seopopoposi B Hapos, etc. on May 22, 2017, and caused the victim to do so, at the entrance of the above lapos, leaving the victim in the entrance of the above lapos, leaving the victim into the body of the victim, leaving the victim over the floor, leaving the victim's upper half of the body, leaving the victim's upper half of the body of the victim, and taking the lab (20cm in length), which is a dangerous object located on the floor on the floor, sustained two parts of the part of the victim's arms on the floor, and sustained two times more than six days more than six times the victim's lab and suffered an injury to the victim by taking advantage of the victim's lab, which is a dangerous object on the floor (200cm in length).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. A copy of a written opinion or an injury diagnosis;

1. On-site photographs and photographs of victims;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal and investigation experience data inquiry (A), report on criminal investigation (report on confirmation of the expiration of the term of punishment of a suspect);

1. According to the evidence of each of the above Articles 262, 261, and 260(1) of the Criminal Act regarding criminal facts, the following facts are acknowledged: (a) the Defendant was deprived of the victim by citing a tree blag and a stone, which is a dangerous object; and (b) the Defendant was the victim who escaped from the Defendant’s assault; and (c) the fact that the victim was injured by breath in the course of the assault. The Defendant’s assault, not directly, goes beyond the victim.

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