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(영문) 제주지방법원 2017.10.25 2017고단1695

특수상해등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On June 21, 2017, around 06:23, the Defendant infringed upon a residence: (a) when the victim fell under the F building “F building” located in the victim E, one of the related parties in Western-si; and (b) before the victim’s residence, the Defendant opened a entrance and opened the entrance door and intrudes on the victim’s residence.

2. The Defendant, at the time and place specified in paragraph 1, was faced with a tree table, which is a dangerous object, due to disregarding the victim E (n, 37 years of age) who was related to the victim at the same time and place. Accordingly, the Defendant was faced with the victim’s head and body in the number of the victim’s head and body in the wooden table table, and the victim was faced with electric scam, and the victim was faced with electric scam, and the victim’s head and body was flaped with new scam, and caused the victim’s injury, such as the victim’s head and the victim’s head, the victim’s scam, the scam, and the cam scam, etc. in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Investigation report (in cases of situations, etc. at the time of dispatch to the scene, contact with the victim's medical doctor who performed the operation, photographs of damaged body, summary of statement of the victim's telephone recording, hearing of statements by the victim);

1. Application of the Acts and subordinate statutes to photographs, such as photographs of victims, on-site photographs, CCTV screen pictures, scene pictures of crimes, photographs of the tools of crimes, victims, victims, and the scene;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long term of two crimes) of the aggravated concurrent crimes;

1. Application of the sentencing criteria;

A. Basic crime: Specific injury [the range of punishment recommended] violent crime, which is a special aggravation area (three years - seven years - six months ] of special aggravation area (the person who is subject to special sentencing).