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(영문) 수원지방법원 2017.09.19 2016고단6972

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 5, 2016, the Defendant infringed upon the residence of the victim D, who was in ignified C around 22:25 on October 5, 2016, and was drinking by drinking in the house of the victim D, and his old pet was found together with the victim, and went into the said house through an open door, and invaded upon the victim’s residence.

2. The Defendant: (a) carried out items, which are dangerous things that were at the time and place specified in paragraph (1), and left bucks and bucks on the left side of the said victim’s left side and left bucks; and (b) put the victim into the left bucks and bucks on the left side where the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to data on photographs of victims of damage, and photographs of criminal implements used by the suspect for committing the crime;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the crime;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the term of punishment plus the long-term punishment for each crime);

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

1. The sentencing guidelines for special injuries under the Criminal Code are not prepared in the violent crime group of the reasons for sentencing of Article 62(1) of the suspended sentence under the Criminal Code, but the sentencing guidelines also for intrusion upon residence are not prepared.

Circumstances favorable to the defendant shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The defendant seems to have been under the influence of alcohol due to mental unstable conditions, thereby resulting in the crime of this case.

It seems that the degree of injury suffered by the victim is not serious.

The defendant agreed smoothly with the neighboring victim, and the victim is seeking the wife against the defendant.

Defendant's health is not good and is in an economic difficult situation.

The defendant is disadvantageous to the defendant.