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(영문) 서울남부지방법원 2017.08.24 2017고합330
폭력행위등처벌에관한법률위반(상습특수상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Southern District Court on December 13, 2000, and on March 24, 2005, the same court was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and on February 12, 2010, was sentenced to three years of imprisonment with prison labor for the attempted murder at the Seoul Southern District Court on February 11, 2015, and was sentenced to seven months of imprisonment with prison labor for the same court on February 11, 2015, and on April 22, 2016, the execution of the sentence was terminated on April 23, 2017.

[2] On July 9, 2017, at around 18:50, the Defendant: (a) brought a dispute with the victim C (51) in front of the Desired Support Center located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, about 102-ro 102-gil; (b) brought the victim’s left side part of the body of the victim, which is an dangerous object, and (c) brought the victim to the left side of the treatment days; and (d) brought the victim into the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs photographs of victims and on-site victims;

1. A photograph of parts of the victim's body;

1. Previous convictions in judgment: 14 copies of a reply to inquiries, such as criminal history, text of judgment and summary order, and the application of Acts and subordinate statutes on personal confinement;

1. Article 3 (4) 3 of the Punishment of Violences, etc. Act concerning a crime, Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the defendant's assertion of Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter "the following grounds for sentencing")

1. The gist of the argument is that the Defendant, at the time of committing the instant crime, was drunk, lost the nature of alcohol and left the hospital as a minor soldier without any intention.

2. According to the evidence duly admitted and examined by the court, the defendant's above assertion as the mental disorder by the main action, and it is found that the defendant had a certain degree of drinking at the time of the crime of this case, but it is also the background leading to the crime of this case and the means leading to the crime of this case.

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