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(영문) 제주지방법원 2017.11.29 2017고단1676

특수상해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Special injury Defendant: (a) on May 1, 2017, 01:40, on the ground that the victim E (the 55 years of age, south) who dices alcohol together with D’s “D” operated in Western-si B and F returned to the boarding house first, she must die “packer” to the victim.

It refers to "the victim's chest is walked up by walking the victim's chest, she takes the victim's neck up to the victim's body, takes the victim's face by drinking on the other side, takes the victim's head part several times while wearing work, takes a part of the victim's head, takes one time the victim's neck with a dangerous object used at the private house, and flick back again takes the part of the victim's neck on one occasion with a flick, which is a dangerous object used at the private house, but the victim flicks the victim's right part at one time with the wind to escape the victim's body.

As a result, the Defendant, using dangerous things, inflicted an injury on the victim, such as an open address for the part of the title of the victim, which is in need of medical treatment for about two weeks.

2. The Defendant damaged property, at the same time and around the day specified in paragraph 1, followed F that entered the above situation into the damaged toilet at the same place, and broken down the toilet glass by drinking and exposing it.

Accordingly, the defendant damaged the glass of the toilet equivalent to KRW 100,000 at the market price of the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. A medical certificate;

1. Reporting on investigation (Attachment of photographs of damage), application of relevant Acts and subordinate statutes;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (a point of special injury), and Article 366 of the Criminal Act (a point of destroying property and a choice of imprisonment with labor);

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. The reason for the sentencing of Article 62-2 of the Social Service Order Act is to observe the protection and observation, and in the case of the crime of special injury in this case, the Defendant’s simpled fish so that the victim’s simpled fish has been deed