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(영문) 대구지방법원 안동지원 2018.08.14 2017고단508

특수상해등

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

1. On August 6, 2017, the Defendant infringed upon the victim’s house in order to take out the Plaintiff’s house in front of his residence of the victim D (61 aged) located in Ansan-si, Dongdong-si, 2017, on the ground that the victim’s dog was obstructed.

2. The Defendant, who had observed the Defendant, who infringed upon the victim’s residence at the date and time specified in paragraph 1, and at the place specified in paragraph 1, inserted a dangerous article, which was a dangerous article outside the house of the victim.

“Along with the victim’s face, head, etc., the victim’s face and head, etc. were taken over several times, and the victim suffered injury, such as “assumption on the left-hand edge,” which requires treatment for about 30 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each investigation report and each medical certificate to Acts and subordinate statutes;

1. Violation of relevant legal provisions on criminal facts: Article 319(1) of the Criminal Act (the choice of imprisonment) special injury: Articles 258-2(1) and 257(1) of the Criminal Act;

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. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity, the Defendant, who was drunk, invaded on the home of the victim, thereby influenceing the body of the victim, thereby influenceing the inserting of the body, and assaulting the victim intending to meet the foregoing.

The victim and his family members are likely to suffer from very serious mental shock in addition to physical injuries and have difficulty in living a normal life due to legacy, in the situation where an string-out person intrudes into and assaults with dangerous objects within the scope of the prevention.

In addition, on November 27, 2015, the defendant has been sentenced to a suspended sentence of imprisonment due to the obstruction of performance of official duties and the crime of injury.

The defendant is the above suspended execution.