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(영문) 서울서부지방법원 2020.12.23 2020고단3086
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2019, the Defendant sentenced the Seoul Western District Court to eight months of imprisonment for the obstruction of performance of official duties, etc., and completed the execution of the sentence on January 2, 2020.

【Criminal Facts】

The defendant and the victim B(the age of 61) are in the aftermath line relationship, and the victim C(the age of 61) is in the live together with the defendant.

At around 21:50 on June 22, 2020, the Defendant heard that the victims were able to drink and d apartment E with the victims and take a bath, and that the victims were able to talk with each other, and that the victims were able to talk with each other, and that the victims were hump ( approximately 23 cm in length, approximately 5 km in weight) which is a dangerous object in the inner floor of the area, and when the victims were hump at each time, the victims were humped about 5 cm in the number of days of treatment, and the victim C was humped about 3 cm in the number of days of treatment, respectively, and the victim C was humped about 3 cm in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure protocol of the police interrogation protocol of the accused;

1. Previous convictions as indicated in a certificate of a victim C's name photograph, victim B's name photograph, and copy of each medical record: Application of Acts and subordinate statutes concerning criminal records, each written judgment, and investigation report (verification of repeated records);

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 among repeated crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing of Article 48(1)1 of the Confiscation Criminal Act is that the defendant, under the influence of alcohol, has inflicted an injury upon the victims at prices of the parts of the victims, and is not good.

Defendant has been punished several times for violent crimes, and committed the crime of this case during the same repeated crime period.

However, the victims are not wanting to be punished by the defendant, and the victims are in the investigative agency.

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