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(영문) 부산지방법원 서부지원 2017.06.21 2017고단361
특수상해
Text

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

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud, etc. and completed the execution of the sentence on October 11, 2016.

around 01:20 on April 5, 2017, the Defendant: (a) 01:20, the 2nd floor C of the YY-gu Busan, the Defendant: (b) followed the alcohol after drinking; (c) followed the victim D (the 31 years of age) and the victim E (the 25 years of age) working at the 20th floor; (d) followed the victim’s face while taking a bath, which is a dangerous thing in the nearby situation, while taking a shock and taking a bath; (c) followed the victim D’s face; and (d) the boom and beer fright, etc. at the 2nd floor of the 2nd floor of the 2nd floor of the Y-gu Busan, Busan, and caused the victims to go to the victim’s hand; and (d) followed the victim’s face at two times, and (e) made the victim’s drinking by drinking.

Ultimately, the Defendant, by carrying dangerous articles as above, assaulted the victims and assaulted them to the victims D, thereby making it difficult to know the number of days of treatment to the victims D, and set up two fingers open to the victim E, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Investigation report (Attachment of damaged photographs, diagnostic documents, and CCTV images);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of whether a suspect is a repeated offender);

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 for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount of punishment is that the defendant takes the crime of this case during the period of repeated crime without any special reason, and that the defendant inflicts an injury upon the victims by carrying dangerous articles, but it is advantageous to the agreement with the victim.

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