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(영문) 수원지방법원 성남지원 2016.08.25 2016고단2090
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Sungnam support center on August 22, 2014, and completed the execution of the sentence at the Sungdong detention center on January 11, 2015.

[2] On July 17, 2016, around 17:45, the Defendant: (a) around the Sungnam-dong community service center located in 51, a 35-day, Sungnam-gu, Sungnam-gu, Gyeonggi-do; (b) on the ground that a victim C (45 tax) and drinking alcohol do not listen to the Defendant’s horse due to drinking alcohol; (c) on the ground that the victimized person does not hear the Defendant’s horse, the Defendant: (d) expressed the victim’s head on one occasion with his/her mouth, and (d) expressed the victim’s face at one time with his/her right-side drinking.

As a result, the defendant carried dangerous objects and put up two parts on the left side of the victim in need of treatment for about a week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Each photograph, 112 report processing statement, opinion, and opinion;

1. Each report on investigation;

1. Previous convictions: Investigative inquiries about criminal history, investigation reports (verification of criminal history), output of judicial text, application of this Act and output of personal confinement status;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a large number of criminal records, and in particular, even if the period of repeated crime falls under the period of repeated crime, the nature of the crime is not mitigated. In addition, on December 4, 2015, the court filed an appeal against a fine of three million won for the crime of assault and the prosecutor filed an appeal against the said court, and the prosecution is still pending in the appellate trial.

It is not easy to correct the habitability of violence in the future.

Therefore, the sentence shall be imposed on the defendant, and the sentence shall be determined in consideration of all the factors of sentencing, including a relatively minor sentence.

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