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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2237
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized panel arcing one tool (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On November 30, 2017, the Defendant was sentenced to six months of imprisonment with prison labor in the Daejeon District Court’s Incheon District Court’s Branch for attempted crimes of extortion, etc., and completed the execution of the said sentence on April 18, 2018.

【Criminal Facts】

On September 12, 2019, at around 20:50 on September 20, 2019, the Defendant saw drinking with the victim D (Nam, 45 years of age) in combination with “Chop” located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and performed drinking with the victim D, and used a tool (one brec, one brec, 21cm in length) used when a panel, which is a dangerous object stored in the Defendant’s vehicle outside the said brep, was put on the victim’s right part and left part.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as the heat side, the fingers loss, etc. which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A copy of an injury diagnosis letter;

1. Damage photographs and seized objects;

1. Previous records of judgment: Application of criminal records, inquiry records, three copies of judgment, and Acts and subordinate statutes concerning personal confinement;

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

1. Taking into account the following factors: (a) the reason for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders is dangerous; (b) the victim and the victim agreed to have a full agreement; (c) the amount of partial damage was actually paid; and (d) the remaining amount of damage was subsequently repaid; and (d) the

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