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(영문) 수원지방법원 성남지원 2019.01.23 2018고단2869
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 15, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Suwon District Court on July 15, 2015, and completed the execution of the sentence at the Suwon Detention House on October 13, 2016.

【Criminal Facts】

It is between the defendant and the victim B, and the victim C is the victim B.

At around 13:00 on September 23, 2018, the Defendant: (a) sought the victim B, who was under drinking with the victim F, and was in drinking with the victim F, in the residence of Sungnam-si, Sungnam-si, and F, and (b) collected the main disease, which is a dangerous object in the above residence, and (b) collected the victim B’s head until the above main disease is broken; (b) made the victim head several times until the above main disease is broken; and (c) committed assault to the victim C, who was under drinking with the victim 119, such as putting the shoulderer disease.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim B, and assaulted the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Protocol of the police statement concerning B;

1. A report on the occurrence of an injury, internal investigation report, field photograph, report on the occurrence of an accident, list of reported cases, opinion thereon;

1. Investigation report (F's telephone statement) and investigation report (victim B telephone recording);

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and Acts and subordinate statutes;

1. Article 258-2 (1), Articles 257 (1) and 261 and 260 (1) of the Criminal Act concerning facts constituting an offense, the relevant provision of the Criminal Act, the choice of punishment, and Articles 258-2 (1), 257 (1) of the Criminal Act (the occupation of assault to carry dangerous articles, and the choice

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The range of the recommendations according to the sentencing criteria shall be prescribed in the first crime (the scope of recommendations), the special injury, and the injury by repeated crimes:

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