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(영문) 수원지방법원 2017.06.08 2017고단1321
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 23, 2015, the Defendant was sentenced to five months of imprisonment with prison labor for indecent acts by force at the Suwon Police Agency, and completed the execution of the sentence at the Suwon Detention House on November 26, 2015.

【Criminal fact-finding on March 5, 2017: (a) around 12:30, the Defendant:608 of the “D hotel” located in Young-gu, Suwon-si, Suwon-si, and (b) brought about a dispute with the victim due to the 31 years of age from the victim E (here, her woman) with money, which was a dangerous thing on the victim’s face, she saw the victim’s face into a hand-on drinking and a hand-on hand-on hand-on hand-on hand, and she collected the victim’s head, and she laid down the victim’s head head her part, which was a dangerous thing on the table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement protocol by the police for E;

1. A photo of each injury (E), on-site photograph;

1. A medical certificate of injury (E);

1. Investigation report (verification as to whether a victim is additionally diagnosed);

1. Previous convictions: Investigation report (the suspect is currently in a repeated crime period), sentence, personal confinement status, and inquiry letter (A) [It is acknowledged that the defendant inflicted bodily injury on the victim by drinking and hand, but it is not true that the victim was injured by drinking and hand, so it is not true that the victim was injured. Thus, according to each of the above evidences, it is argued that the defendant was able not only to have taken the victim by drinking and hand on the floor of drinking and hand, but also to fully recognize the fact that the victim was injured by taking the head part of the victim's cell, which is a dangerous article, and then the victim was injured for two weeks of medical treatment. Accordingly, the above argument is rejected).

Application of Statutes

1. Article 258-2 (1) of the Criminal Act and Article 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 method and content of the instant crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment;

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