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(영문) 수원지방법원안산지원 2020.11.11 2019고단4129

특수상해

Text

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

Reasons

Punishment of the crime

At around 16:40 on February 26, 2019, the Defendant: (a) stated that the victim D (the age of 67) who had previously performed daily work with the C human resources office located in the said building at the time was excluded from the office of the C human resources office by stating that “A shall not perform the work and make it difficult for him/her to do so; the same shall apply hereinafter).” On the other hand, the Defendant had the mind that he/she would complete the payment to the victim. On the first floor of the said building, the Defendant had the string of the drinking scale, which is a dangerous object that had been put in the body of the victim before waiting for the victim, and had the head of the victim take the head of the said building, and caused injury, such as thale and falconium, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Application of the Acts and subordinate statutes on video images and photographs of the case resulting in special injury to the police police's written statement concerning D's legal statement;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was to propose that the defendant change the cell phone numbers immediately before the crime and assault the victim in the same way as another person, and to prepare a stone in advance.

Considering that the Defendant was unable to engage in a crime because of the victim, he prepared to look at the victim as retaliation, and took the victim into action, and committed the crime compared to the motive of the crime (the Defendant saw that she would go in action against the victim, and she saw her to go her. However, it is obvious that the Defendant resisted or followed the victim, and attempted to commit an unconditioned assault, rather than committing any contingent assault, it is difficult to see the circumstances to consider). The Defendant left the Republic of Korea immediately after the prosecution investigation, and was arrested after entering the Republic of Korea only one year.

The defendant is under obligation to undergo medical treatment due to poor health.