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(영문) 춘천지방법원 강릉지원 2016.07.13 2016고단500
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 24, 2015, the Defendant injured the victim C, while speaking and disputing the source of the use of the loan with the victim C, who is his/her spouse, at the inside of his/her residence located in Gangseo-si, Gangnam-si, the Defendant inflicted an injury on the victim C, by plpling or plucking up the victim’s left part of the victim’s eye one time, and by plucking the victim’s left part of the opposing part with his/her hand, thereby causing an injury to the victim, such as cutting off the frame of a gale, etc., which requires five-day medical treatment.

2. On March 19, 2016, at around 11:00, the Defendant: (a) committed assault against the victim C, on the part of the victim, following the victim’s entrance into the port of port No. 1; (b) on the ground that the victim is suspected of having a female relationship; (c) the victim’s face face was taken once due to Ethma; and (d) the head of the victim was taken one time by taking the inner flag, which is a dangerous article (not less than 33cm in length); and (e) the Defendant avoided the victim, following the victim’s escape during the process of taking the victim’s flag by taking the part of the victim’s flag, thereby causing bodily injury to the victim, such as the victim’s flag, requiring medical treatment for three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to C;

1. Photographs of each scene, victim, and victim's photograph;

1. (Bodily Injury) Application of Acts and subordinate statutes of a written diagnosis;

1. An injury to the law applicable to the facts of crime and the decision of the choice of punishment: A special injury as prescribed by Article 257(1) of the Criminal Act: Articles 258-2(1) and 257(1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the addition of concurrent crimes with special injuries as stated in the judgment heavier punishment) shall apply to concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of sentencing] [the scope of sentencing] six months to seven years and six months of imprisonment [the decision of sentencing] the degree of assault and injury in this case, the principal cause of the dispute with the victim, and the fact that the victim did not receive a letter from the injured party. The reason is that the crime and injury in this case was committed against June to July, and that the victim did not receive a letter from the injured party.

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