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(영문) 창원지방법원통영지원 2020.12.16 2020고단903

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

From October 2019, the Defendant is living together with the victim B (V, 58 years of age).

1. On May 15:30, 2020, the Defendant 15:30, followed by the victim, in front of the D cafeteria operated by the victim of the victim in Gyeongnam-gun, Sungnam-gun, for the reason that the victim had a conversation with another man without the Defendant’s telephone, she saw him as a dangerous object located in the D cafeteria, and led him to the head of the victim.

Accordingly, the defendant carried dangerous objects and committed violence against the body of the victim.

2. Around 01:00 on June 2, 202, the Defendant suffered special injury: (a) 3 times the victim’s neck by hand on the ground that the victim was not able to repay the money borrowed from the Defendant at the inside of the Defendant’s residence located in Gohap-gun, Chungcheongnam-gun; and (b) the victim was pushing the Defendant at a low port, and (c) the victim was at a bar for kitchen use ( approximately 25 cm in total, about 15 cm in length), which is an object dangerous to the deposit of the above residence; (d) once the victim’s right side buckbucks, twice the left side buckbucks, and after having the victim’s part on one hand, the victim’s bucks at one time, and then the victim’s head spawn, and the victim’s spawn and 14 knife the victim’s head knife with the victim, and the victim’s injury and the victim’s injury on both sides.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each report on internal investigation (Attachment of a medical certificate for injury), report on internal investigation (Attachment of photographs, such as damaged parts, etc.), and report on internal investigation (Attachment of photographs, such as damaged parts and criminal implements);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Article 62(1) of the Criminal Act: