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(영문) 광주지방법원 순천지원 2016.07.13 2016고단470
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On April 14, 201, the Defendant was sentenced to six months of imprisonment or two years of suspended sentence for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (motor vehicle operators assault, etc.) at the Seoul Central District Court on the same day at the same court on September 7, 2012, which was sentenced to eight months of imprisonment due to disturbance of business, etc., and the judgment became final and conclusive on the same day, and the sentence of suspended sentence was terminated on May 16, 2013.

[2] On February 1, 2016, the Defendant brought an injury to the victim’s right hand, etc., which is open to the right side of a water unit, where two weeks of treatment is required for the victim’s right hand, on the ground that the victim’s Maart operated by the victim C (40 years of age) (hereinafter “the victim”) refuses to recover an empty bottle, which is a dangerous thing to the victim’s face. On the other hand, the Defendant continuously displayed the victim’s plastic paper with the left hand to the victim’s face, and caused the victim’s right hand hand, etc. to tear the victim’s right hand, etc. to prevent it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Investigation report (D CCTV images outputs);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (in Part three copies of judgment), and current status of expropriation/collection by individual;

1. Articles 258-2 (1) and 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was not set.

The facts that the defendant confessions, reflects, and agreed smoothly with the victim are favorable; however, the defendant has been punished several times for violent crimes, and is under the period of repeated crime, and even if he was sentenced to a fine twice during that period, he/she again commits the crime of this case, and other unfavorable circumstances such as the defendant's age, sex behavior, and circumstances after the crime.

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