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(영문) 인천지방법원 2020.12.17 2020고단4897

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and wife relationship B (math, 53 years of age).

1. Destruction and damage of special property;

A. On February 27, 2020, around 21:00 on February 27, 2020, the Defendant, at around the residence of the Defendant and the victim of the Seo-gu Incheon Seo-gu Seoul Building D, have a dispute over the externality of the victim.

In addition, a small-scale disease, which is a dangerous object on a customer, was left in a ward, and damaged the defendant's and the victim's jointly owned market price of 20,000 won.

B. On February 28, 2020, the Defendant, at around 01:30 on February 28, 202, has a dispute over the victim’s external appearance.

In addition, the defendant and the victim's joint ownership market value amounting to 30,000 won was damaged by duplicating electric utility, which is a dangerous object in the hexae.

2. The Defendant, who suffered special injury on February 28, 2020, appears to have a dispute over the victim’s external issues at around 02:30 on February 28, 2020.

The head of the victim's hair (not less than 4 cm in width, about 7 cm in length) was extracted from the body of the victim by taking the electric cryle, which is a dangerous object in the head of the hexae, and operating it on the head of the victim's head.

As a result, the defendant inflicted bodily injury on the victim such as the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Protocol of the police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes to a report on investigation (a photographs of a victim's damaged part);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 369 (1) and 366 (a) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his defense counsel's assertion are on the floor.