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(영문) 춘천지방법원 2017.05.16 2017고합12
특수상해
Text

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

Reasons

Punishment of the crime

[Criminal Records] On April 5, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for obscenity and assault in the original state branch of the Chuncheon District Court, and the same year

9.26. 26. The execution of the sentence was completed in the Chuncheon prison.

[2] Around November 13, 2016, the Defendant 19:40 on November 13, 2016, with the victim D (51) who was a land where the Defendant was aware of his/her reputation at the Defendant’s house located in 19:40, the Defendant 201, and 3 times away from the victim’s head.

As a result, the defendant carried dangerous objects with the victim about two weeks of medical treatment, which requires two-time medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. A medical certificate;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of the history of a suspect and repeated crime);

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 (hereinafter the following sentencing grounds) is not only that the defendant has been punished several times for the same crime, but also that the defendant again commits the crime of this case during the period of the same repeated crime is an unfavorable sentencing element against the defendant.

On the other hand, the fact that the defendant agreed with the victim and that the degree of injury suffered by the victim seems not to be serious is the sentencing factors favorable to the defendant.

In full view of the circumstances that form the conditions for sentencing specified in the instant pleadings, such as the above circumstances and the Defendant’s age, sex, family relationship, family environment, motive and means of committing a crime, and circumstances after committing a crime, the sentence like the order shall be imposed.

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