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(영문) 대전지방법원 서산지원 2017.04.28 2016고단715

특수상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is the father of the victim D (15) and the victim E (17) and the victim F (17) are the frank of the victim D with the knowledge of the victim D.

1. On July 27, 2016, the Defendant violated the Special Bodily Injury to Victim D and Child Uniforms Act: (a) around 03:30 on July 27, 2016, at E E’s house located in G 305 on July 27, 2016, the Defendant saw the victim’s head one time with golf loans (drat with a total length of 125 cm) that are dangerous things that the victim, being a child, was in possession of the victim, for the reason that he/she would frequently stay outside the country, and (b) up to three times with the victim’s left arms, and (c) caused the victim to spat the two open upper parts and elbows that require approximately two weeks medical treatment.

As a result, the Defendant carried dangerous things and inflicted an injury on the victim, and at the same time, engaged in physical abuse that inflicts a bodily injury on the child.

2. The Defendant suffered special injury to the Victim E and the Victim F, at the time and place specified in paragraph 1, on the ground that the Victim E and the Victim F are together with D, and on the ground that the Victim E and the Victim F are together with D, the Defendant inflicted on the Victim E’s head six times with golf loans (the total length of 125cm) that are dangerous objects, such as the victim E’s head, six times more than six times, and six times with the victim’s head, resulting in injury to the Victim E in need of medical treatment for about ten days, and suffered injury to the Victim F, such as the closure of the body frame within the left side in need of medical treatment for about three weeks.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to field photographs, records on the handling of cases reported 112, family relation certificates, medical opinions, and medical examinations of injury;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense; Articles 71 (1) 2 and 17 subparagraph 3 of the Child Welfare Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.