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(영문) 서울북부지방법원 2017.04.28 2016고단3707
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to six months of imprisonment by the Seoul Northern District Court for interference with the execution of official duties in a deceptive scheme and completed the execution of the sentence in the Sungdong detention center on January 3, 2016.

On May 24, 2016, around 21:00, the Defendant talked with C cafeteria located in Seoul Jung-gu, Seoul, about 30 years old and drinking with the victim D (the victim south, 40 years old) and drinking, and without any justifiable reason, provided the victim's head, which is a dangerous object in the table, and provided the victim with injury, such as thale, which requires treatment for about 14 days, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (a) of the Criminal Act for mitigation of amount of punishment is that the defendant led to confession and reflects the crime of this case, the defendant appears to have committed the crime of this case with the victim at the time of drinking drinking together with the victim, the victim's reimbursement of damages, and the agreement was reached smoothly. Meanwhile, the crime of this case was committed with the victim with the victim who was a dangerous object without any reason, causing bodily injury to the victim, and the crime of this case is not good in light of its contents and methods. The defendant was sentenced to imprisonment with prison labor for the same or a similar crime, as well as the defendant was sentenced to imprisonment with prison labor for a crime of interference with the performance of official duties in deceptive scheme on July 8, 2015, and committed the crime of this case without being aware of the fact that he committed the crime of this case during the period of repeated crime after the execution of the sentence was completed, and all other circumstances revealed in the records and changes in the sentencing guidelines.

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