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(영문) 부산지방법원 2016.07.21 2016고단1204
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 8, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Busan District Court for six months, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on November 7, 2012, and the said sentence became final and conclusive on March 11, 2013, and completed the execution of the said sentence at the Busan District Court on September 1, 2014.

On January 9, 2016, at around 05:20, the Defendant, under the influence of alcohol in “D main points” located in the Dong-gu Busan Metropolitan City, Busan Metropolitan City, and without any particular reason, went to the victim E (23 3) who was present in company with the Defendant, saying, “I am tin, I am stin, I am sar, I am sar, I am the head of the victim as the main disease of a dangerous object on his arbitr, and when I am sar, I am the victim’s face, I am the victim’s head cannot know about the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (referring to witness F, G telephone content), investigation report (to hear and report on victim’s telephone statement);

1. A victim's photograph;

1. Records of the judgment: Application of a reply to inquiries, such as criminal history, (A), report on investigation (verification of repeated crimes against A of a suspect), personal identification/ confinement status under Part I Acts and subordinate statutes;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the degree of injury of the victim, the degree of agreement with the victim, etc.) of the Act on the Mitigation of Small Quantity is poor; the crime of this case was committed during the period of repeated crime although there was a record of punishment for the same kind of crime; the degree of injury of the victim was not severe; the degree of injury of the victim was agreed with the victim; the defendant reflects the defendant's mistake; and the defendant's awareness.

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