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(영문) 서울중앙지방법원 2017.04.12 2017고단1471
특수상해
Text

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

Reasons

Punishment of the crime

On March 5, 2017, while under the influence of alcohol around 22:20, the Defendant used one concrete brick, which is a dangerous object in front of the Northern Park in the 17-lane in Jongno-gu Seoul, Jongno-gu, as both hand, to the victim C (the 49-year old) who was a congested 41-gil in front of the Northern Park in Seoul, Jongno-gu, the Defendant laid down one concrete brick, which is a dangerous object in the vicinity of the victim, without any reason, so far as it is difficult for the victim to have the end of the part of the victim without any reason, and then laid down the concrete brick away from the floor in two hands, and then laid down the above concrete brick down on the floor so far as it was fit for the victim to the end of the part of the victim.

As a result, the Defendant carried dangerous things with the victim, and inflicted an injury upon the victim that could not be known of the treatment days, such as having the victim teared about 4 cm load and 3 cm load.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (related to the attachment of bricks and field photographs used for committing a crime, related to the analysis of CCTV images, and related to the verification of concrete block for committing a crime);

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

1. The circumstances that are favorable to the reasons for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding the crime in question: The confession is made and his mistake is divided.

D. Unfavorable circumstances: In light of the background, method, and degree of injury, etc. of the instant crime in which the victim’s head was inflicted on several occasions with concrete bricks without any reason, the nature of the crime and the corresponding responsibility of the defendant are not absolute.

The defendant has been punished with a heavier penalty as well as multiple violent crimes.

The victim did not agree with the victim.

In addition, the records and arguments of this case, such as the defendant's age, sex, environment, occupation, family relationship, health status, motive and background of the crime, means and results, and circumstances before and after the crime, etc.

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