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(영문) 대전지방법원 천안지원 2021.02.17 2020고단2782

특수상해등

Text

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

Reasons

Punishment of the crime

On October 18, 2018, the Defendant was sentenced to one year of imprisonment due to assault or bodily injury, etc. in the Daejeon District Court Branch of the Daejeon District Court, and completed the execution of the sentence on October 15, 2019.

From November 2019 to September 7, 2020, the Defendant livedd with the victim B (n, 46 years of age).

Around 01:50 on August 27, 2020, on the ground that the defendant does not contact with the victim with the moving female-friendly Gu office in the building, Nam-gu, Dong-gu, Dong-gu, and the defendant's dwelling, Nam-gu, Dong-gu, and D, the defendant's dwelling at around 01:50, 1.

In doing so, “the victim’s head that had been melted in toilets was one time of the victim’s head, putting the dangerous materials of fraud, which is a dangerous object, at the same time.”

As a result, the Defendant, carrying dangerous objects, assaulted the victim, thereby causing bodily injury to the victim, such as cerebral rupins, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to B;

1. Investigation report (to hear statements from victim B telephone) and investigation report (to confirm the criminal implements);

1. A medical certificate;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (fact that the period of repeated offense is in progress) statute;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Although the Defendant asserted that the Defendant and his defense counsel’s assertion regarding the small amount mitigation under Article 53 and Article 55 subparag. 1 subparag. 3 of the Criminal Act were in dispute with the victim, he left the direction of a toilet with the string of the fraud materials, and did not price the head of the victim with the string.

2. The following circumstances acknowledged based on the evidence duly adopted and investigated by this court, and the victim consistently committed assault against the victim's head by keeping the defendant on September 10, 2020 to file a complaint against the defendant.

Although the victim made a statement, it has passed two weeks since August 27, 2020.