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(영문) 수원지방법원 2020.07.23 2020고단1426
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 13:00 on November 28, 2019, the Defendant, at the construction site of the logistics warehouse located in the following city B, and the victim C (Nam and 43 years old), at the construction site, deemed the sloping beam accumulated in the building site and became mutually visible.

그 후 피고인은 물류창고 계단에서 다시 피해자 C와 시비가 되어 욕설을 하며 말다툼을 하던 중, 피해자 C가 먼저 피고인의 얼굴을 1회 때리자, 허리에 차고 있던 위험한 물건인 라제트(일명 깔깔이, 길이 30cm)를 꺼내 피해자 C의 머리를 1회 때리고, 계속하여 옆에 있던 피해자 D(남, 28세)이 피해자 C와 함께 피고인에게 욕설을 했다는 이유로, 라제트를 이용해 피해자 D의 머리를 1회 때렸다.

Accordingly, the defendant, while carrying dangerous objects, committed violence to the victims as above, and committed a second scopic injury requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to articles used at the time of violence (including change of the name of a suspect, etc. of Korea, such as a suspect, submission of a medical certificate of injury, etc.);

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

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

1. The sentence like the order shall be imposed by comprehensively taking into account the following conditions of sentencing for the reason of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime.

On April 18, 2019, the Defendant was sentenced to three years of suspended sentence for similar rape, etc. at the Suwon District Court, which became final and conclusive on April 26, 2019, and committed the instant crime even during the period of suspended execution.

- The defendant has a record of being punished for the same kind of crime.

Recognizing the favorable circumstances - mistake.

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