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(영문) 대전지방법원 천안지원 2018.06.04 2018고단411

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 20:00 on January 28, 2018, the Defendant: (a) listened to the phrase “the Defendant was a victim D (the remaining, 43 years old) who is the Defendant’s work partner in North-gu C, Seo-gu, Seo-gu; and (b) was placed in the head of the damaged person’s body, Hand flick (the diameter of 10cm, weight of 1kg), which is a dangerous object on a small wave.

In this respect, the defendant carried dangerous articles and brought a bodily injury to the victim's head (the number of days of treatment cannot be known).

2. At the time and place set forth in paragraph 1, the Defendant damaged special property: (a) laid the junop and beer residues and beered in the floor owned by the victim D; (b) laid the door door to drinking several times; and (c) broken down the handbspoper (direct a diameter of 10cm, weight of 1kg), which is a dangerous object located therein, on TV owned by the victim.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written self-performance (E);

1. On-site photographs of the case;

1. Application of Acts and subordinate statutes to report internal death (as to the exit of a person suspected of committing an injury);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) of the Criminal Act concerning facts constituting an offense, and Articles 369 (1) and 366 of the Criminal Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Violation of Article 258-2(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Suspension of Execution of the Criminal Act does not set the sentencing criteria, considering the following: (a) the background leading up to the instant crime; (b) the victim directly appeared at the trial date; and (c) the victim wanting to have the Defendant appear before the trial date; (d) the type and usage of dangerous articles; and (e) the Defendant has no record of criminal punishment except for the fine on