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(영문) 수원지방법원 평택지원 2018.06.28 2018고단848
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. at the Suwon Friwon on February 6, 2018, and completed the execution of the sentence in a female prison on April 22, 2018.

[Criminal facts] The Defendant was a person with E, who operated the main points of “D” located in Pyeongtaek-si C, and the victim F (age 26) is a parent of E.

1. On May 17, 2018, the Defendant assaulted the victim in D around May 21:30, 2018, taking the victim F’s horse or dispute with the Defendant and E with his mobile phone by reducing the cell phone, thereby gathering the victim’s cell phone toward the victim, and continuously gathering the suspension and plastic collection that had been located therein.

2. The Defendant, at the time, at the time, and at the place, as mentioned in paragraph 1, was making a noise at the above place, collected one main illness, which is a dangerous object, without any justifiable reason, to the victim G (53 Do) who had drinking at that place, and caused the victim to bring a part of the unclaimed left-hand side of the treatment days, the parts of the parts, the parts of the parts, the parts of the parts, the parts of the parts, and the pains, and the examination results.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

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

1. Photographss of each investigation report, damaged photographs, on-site photographs, and cell phone images taken;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Relevant Article 258-2 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Standard for Sentencing: A crime committed from June to March 1 [the scope of a recommendation] habitually injured, repeated crime, and special injury (a habitual injury, and special injury) committed in the mitigated area (one year to two years and six months) (a special mitigated person) [a person who has been specially mitigated] was not subject to punishment (the extent of a punishment to recover damage).

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