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(영문) 광주지방법원 순천지원 2017.04.28 2016고단2809

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of D, who is a female under the victim C (n, 65 years of age) and is currently living separately with D and is undergoing the procedure of divorce by agreement. D is living in E and 1st floor when the victim is female, and the victim is living in the second floor of the same building.

1. On November 25, 2016, the Defendant: (a) sought to talk with D, the wife around 17:20 on November 25, 2016; and (b) sought to enter into the first floor of the said housing.

The Defendant sent as if D were in the house, but did not open the door, brought kacks (15 cm a day, 35 cm a total length), which are dangerous things in the Defendant’s vehicle, and destroyed and damaged the house entrance of the victim C, above the market price of the victim C, and continuously entered the house of the victim on the second floor of the above building, and broken down three the total market price of the victim owned by the victim and the wall fronts.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. At the time of the day set forth in paragraph 1, the Defendant: (a) saw the victim’s house “DBa, dead, and finite”; (b) put the victim’s head into a dangerous object; (c) kidd the victim’s head; (d) kid the victim’s head; (d) kid the victim with the victim; and (e) kidd the victim with the victim and kid the victim with the victim, and kid the victim with approximately two weeks of treatment; and (e) kid the following arms and other detailed parts, which require approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement with respect to C and F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph attached thereto), investigation report (a diagnosis document attached thereto);

1. Relevant provisions of the Criminal Act and Articles 258-2, 257 (1) (a point of special injury), 369 (1), and 366 (a) of the Criminal Act concerning the facts constituting an offense; 258-2, 257 (1) (a point of special injury); and 366 of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.