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(영문) 춘천지방법원 속초지원 2016.11.30 2016고단321

특수상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who was a victim B (n, 49 years of age) and a person who was a internal relationship.

1. On July 26, 2016, at around 00:30 to 01:00, the Defendant, who entered a residence, was aware of the victim’s house in Gosung-gun C without the victim’s consent, for the reason that the victim’s house was not subject to telephone, and went into the victim’s house and intrudes on the victim’s house.

2. The special injury accused, based on the reasons that it does not contact the victim at the above date, time, and at the above place, she taken the face of the victim by drinking her fingers, and she took a conversation with the second floor of the above house again, and she took a part in the conversation with the victim on the ground that the victim does not drink with anyone, and she took a part in the face and body body of the victim by drinking her hand on the ground that she does not drink with anyone, and then she took part in the face and body body part of the victim by drinking her hand on the part of the victim, which is a tree, which is a dangerous thing in the above place, and she took part in the part of the victim's shoulder, and she was frighted by assaulting the victim, such as the part of the victim's shoulder, whose number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to attaching of field photographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 319 (1) of the Criminal Act (the point of special injury), and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the defendant reflects the crime, has no criminal record in the same kind, and has agreed with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;