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(영문) 수원지방법원 안양지원 2016.12.01 2016고단1611

특수상해

Text

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

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On August 8, 2016, the Defendant: (a) around 18:00, around the residence of the Defendant’s woman-friendly C in Ansan-si, a female-gu, a member-gu, the Defendant: (b) took a hack pipe (total length of 45 cm), which is a dangerous object around the parking lot; (c) took a hack pipe (total length of 45 cm) in the view that the voice of C and the victim D (age 35) was winded; and (d) hacks the victim’s head and arms part, etc. using a hack pipe used by the Defendant’s head and arms part as a living room; (d) around 20 times the Defendant’s left head and arms part, which was dangerous goods that were in the main machine of the Defendant’s left, and (e) hacks the victim before reporting the victim’s escape.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on sugars, etc., which do not have two wounds in an open room for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared in D;

1. Each investigation report (investigation into the degree of injury inflicted on each victim, investigation into telephone conversations of each victim, investigation into the degree of damage inflicted on each victim;

1. Records of seizure and the list of seizure;

1. A medical certificate, medical certificate, etc.;

1. Application of the Acts and subordinate statutes to the photographs of seized articles, photographs of damaged parts C, and photographs of damaged parts D;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the sentencing conditions, such as the age, character and conduct, family relationship, home environment, and circumstances after the commission of the crime, shall be determined as per the order, taking into consideration the following circumstances:

The crime of this case is committed at a disadvantage. The details and means of the crime of this case, the risk of the act, and the degree of injury suffered by the victim.