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(영문) 전주지방법원 2018.04.27 2018고단11
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 3, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Chuncheon District Court on March 3, 2015, and completed the execution of the sentence at the Jung Eup prison on July 28, 2016.

At around 19:00 on November 3, 2017, the Defendant: (a) taken photographs of victims using his mobile phone on the ground that the victims E (the victims, 58 years old) and the victims F (59 years old) talk with a political talk in a restaurant with the trade name “D” located in Yansan-gu Seoul Special Metropolitan City, where the victims resist, and they died.

“In doing so, Macju, which is a dangerous object on one’s table, was affected by the victims, and the Macju’s length was assaulted under the victim F’s left eye, and at the same time, the victim E’s right hand, and the number of days of treatment cannot be identified.

Summary of Evidence

Part of the defendant's legal statement F, a written statement G of police statement about E, and a previous record of judgment on damaged parts: The application of a reply to inquiry, such as criminal history, and the current status of acceptance by each individual;

1. Articles 258-2 (1), 257 (1), 261, and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of injury [the scope of recommending punishment] The sentence shall be determined as ordered in consideration of all the circumstances, including the following: (i) minor injury (a) in the mitigation area (one year and six months from June to two years), minor injury (a special mitigation person) in the mitigation area (one year to six months); and (ii) minor injury (a) the defendant has committed multiple crimes of violence.

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