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(영문) 부산지방법원 2017.11.08 2017고단3856

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On June 21, 2017, the Defendant who received a special injury: (a) opened a door at the residence of the victim D (35 tax) of the Defendant’s child located in Busan Jin-gu C around Busan on June 21, 2017.

“The victim’s face, which is a dangerous object that had been prepared in advance, was concealed by opening a window to avoid disturbance, and the victim tried to inflict an injury on the victim by spreading a weapon, which is a dangerous object that had been prepared in advance, on the victim’s face. However, the victim avoided it, thereby making the victim’s escape so doing.

2. 재물 손괴 피고인은 2017. 6. 21. 23:45 경 부산 부산진구 C에 있는 피고인의 배우자 피해자 E( 여, 68세) 의 주거지에 술에 취해 찾아가 문을 열어 주지 않는다는 이유로 그 곳 대문을 발로 차고 흔들어 잠금장치 등을 부숴 피해자 소유인 위 대문을 수리 비 20만원 상당이 들도록 손괴하였다.

3. When the gate was damaged at the time, time, and place described in paragraph 2, the Defendant inflicted injury on the victim’s her face, citing the gate as above, by diversizing the draft system several times, which is a dangerous object prepared in advance, into the part of the victim E (n.e., 68 years of age), resulting in a deadly toxic substance, the number of days of treatment of which cannot be known, such as both insides, exteriors, and sees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police of each victims;

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

1. Investigation Report - Photographs; and

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a report on appraisal);

1. Relevant Article 258-2 of the Criminal Act, Articles 258-2 (1) and 3, 257 (1) (the attempted special injury or special injury) and Article 366 of the Criminal Act concerning criminal facts;

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

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Each of the crimes of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act for confiscation is a dangerous thing for the defendant.