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(영문) 춘천지방법원 강릉지원 2017.05.12 2017고단387
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Attempted Crime] On August 20, 2013, the Defendant was sentenced to two years of imprisonment with prison labor due to the crime of injury, etc. in the original state branch of the Chuncheon District Court, and the execution of the sentence was completed on July 12, 2015 by the Chuncheon Prison.

[2] On February 26, 2017, the Defendant informed the Defendant of the Defendant’s residence last day in Gangnam-si, 22:00, and informed the Defendant of the Defendant’s password of this account and did not withdraw cash at a bank in the A.M., the Defendant: (a) sent the Defendant a knive knife (2) part of the victim’s entrance in drinking, and knife two parts of the back part of the victim’s entrance in drinking, and knife the knife (20cc in length, 10cc in length, knife) and part of the victim’s head knife.

Defendant assaulted the victim while carrying dangerous objects as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. All on-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each investigation report (verification of repeated crimes), and application of Acts and subordinate statutes on the personal confinement status;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. In light of the fact that Article 35 of the Criminal Act of the aggravated repeated crime is not only a repeated crime for the same type of punishment, but also the subject of damage is the same, that is not received from the injured party, and that the risk of an act is not small, a sentence is inevitable.

However, it shall be determined by the order of the punishment against the defendant in consideration of favorable circumstances, such as the fact that the defendant and the victim are late, the relationship between the defendant and the victim, the mental health status of the defendant, etc.

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