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(영문) 대구지방법원 포항지원 2017.12.13 2017고단1370

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 17, 2017, the Defendant: (a) committed assault to C on the ground that he/she was unable to repay the money borrowed at the house of 00:20, Mapo-gu, Northern-gu, 105, 904, B apartment house 105, 904; (b) he/she was removed from C, his/her wife, 57; (c) he/she was frighted with the victim’s body in his/her hand; and (d) he/she was frightd with the victim’s fright portion; and (d) fright of alinium material, which is a dangerous object in the ward, was frighted with the victim’s right-hand part (10cm in length).

2. In the above time, at the above time, at the above place, the Defendant suffered from the victim E (here, 32 years of age), who is his/her wife, from the above C, the victim’s face was fluored one time, three times in the back of the victim’s face, and three times in the back of the drinking, and the blue fluium (10cm in total length), which is a dangerous article, fluorum material of the victim’s right flusium (10cm in total length), and the victim suffered from the part of the blus blus in the right blus in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A certificate of medical treatment;

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

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Articles 261 and 260 (1) (a point of special assault and choice of imprisonment with labor) of the Criminal Act concerning the facts constituting an offense;

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 (including a relatively minor degree of injury, an agreement with the victim, and a previous offense exceeding a fine and a previous offense of the same kind) of the said Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration as seen earlier);

1. The community service order under Article 62-2 of the Criminal Act;