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(영문) 대전지방법원 2018.05.17 2018고합72
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the charge of special injury to C is acquitted.

Reasons

Punishment of the crime

[criminal records] On March 31, 2017, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court, and the said judgment became final and conclusive on April 8, 2017.

[Criminal facts]

1. Around January 14, 2018, the Defendant: (a) around 19:00, the victim E (n.e., 47 years of age) located on the second floor of the D Building at Sejong-si; (b) on the ground that the Defendant told the victim of his/her daily work with G, he/she, he/she, and (c) took an open room for the head and other part of the victim requiring treatment for about 14 days, on the ground that the Defendant told the victim of his/her daily work with G.

2. On January 21, 2018, the injured Defendant: (a) around 17:20, around 17:20, at the Defendant’s residence located in the H2 floor; (b) sought from the victim E in relation to the case under paragraph (1) above; and (c) sought treatment fees from the victim E; and (d) made an open room for the victim’s head and other part requiring treatment for about 14 days due to defective drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement made by the prosecutor and the police for E;

1. A photograph at the scene of damage, a victim's photograph (Evidence No. 16), and a medical certificate for each injury (Evidence No. 17, 19);

1. Previous conviction in judgment: Application of the text of judgment and the Acts and subordinate statutes governing criminal history data;

1. Relevant Article 258-2 (1), Articles 257 (1) (a) and 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of harm to carry dangerous articles) of the same Act concerning the selection of punishment;

1. Determination as to the assertion of the defendant and his/her defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with heavy special injury) of the aggravated concurrent crimes

1. The summary of the assertion is that the Defendant did not have a beer disease to E, but had a fighting match.

G having been a beer disease will inevitably correspond to E.

2. The fact that the Defendant had a beer’s disease to G during the course of driving with G is recognized.

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