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(영문) 창원지방법원 진주지원 2019.08.13 2018고단1634

특수상해등

Text

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

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

Reasons

Punishment of the crime

At around 14:00 on November 14, 2018, the Defendant: (a) carried out an order for delivery of the real estate B in the defendant's house located in the Namnam-gun, Namnam-gun; (b) carried out an order for delivery of the real estate B in the Jinwon District Court, Jinwon District Court, the office affiliated with the Jinwon District Court, and prevented the victim from entering the house; (c) laid down a stone to the victim; and (d) laid down a improved part of the victim's head, which is a dangerous object in the front place of the entrance (d) one time, and three times the shoulder part of the victim's head, which requires approximately two weeks of treatment to the victim.

Accordingly, the defendant interfered with the delivery execution of real estate by force, and inflicted an injury on the victim by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Each investigation report (the sequence 11 through 14 of the evidence list);

1. Application of a seizure one copy (No. 2) to the existing Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is committed under the circumstances that the defendant was faced with the victim assisting the delivery execution of real estate, and the victim was unable to punish the victim under the circumstances that the crime of this case was committed under the unfavorable conditions that the crime was committed by the victim who supported the delivery execution of real estate and his body fightings, and that the defendant committed the crime of this case in the course of his body fighting with the victim who supported the delivery execution of real estate, and that the degree of the victim's injury suffered by melting the victim is not much serious, the victim is under the influence of the defendant whom the delivery execution of real estate is carried out, and the victim is under the punishment of the victim.