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(영문) 대전지방법원 서산지원 2020.01.30 2019고단765
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 (one pipe) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daejeon District Court’s red support on April 10, 2017, and completed the execution of the sentence in the Daejeon Prison.

【Criminal Facts】

On June 30, 2019, the Defendant: (a) around 21:30, the victim C (the 58-year-old age) in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (b) completed the towing course and asked whether the victim, who was enrolled in the companyhouse, was a person who discovered the Defendant who was in his place and asked him whether he would be the Defendant; (c) and (d) the hack pipe (the total length: approximately 50cm) which is a dangerous object brought by the Defendant himself, carried a part of the victim’s left shoulder, the part of the arms, the part of the arms, and the string of the 21-day arm’s body.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A report on internal investigation:

1. 112 reported case handling table;

1. Records of seizure and the list of seizure;

1. Genetic appraisal certificates and DNA personal information of detained suspects;

1. A copy of an injury diagnosis letter;

1. On-site photographs and photographs of seized articles;

1. Previous convictions in the judgment: Criminal history records, investigation report (the date of release, etc.) (the defendant and his defense counsel asserted that the defendant carried a pipe when finding the victim and the victim did not directly store the victim due to the fact or the hack pipe; thus, in full view of the above evidence submitted by the prosecutor, the defendant and his defense counsel are not allowed to accept the above assertion of the defendant and his defense counsel since he was found to have carried a hack pipe and carried the victim with a hack pipe, as well as to have inflicted an injury upon the victim).

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

1. The Criminal Act among repeated crimes;

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