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(영문) 대구지방법원 김천지원 2017.03.09 2017고단102

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant liveded with the victim C (V, 53 years old) and from October 2012 to May 2015.

1. On April 10, 2015, the injured Defendant: (a) while the victim’s over-water container in Kimcheon-si, Kimcheon-si had a horse dispute with the victim; (b) when the victim’s head was taken by drinking, the victim was able to look back to the floor; and (c) caused the victim’s injury to the victim’s body, which was cut off, by spreading gasoline to the victim’s body, in which the number of days of treatment cannot be ascertained.

2. On January 16, 2017, around 04:25, the Defendant damaged the victim’s house in Kimcheon-si, Kimcheon-si, with each item (1m 50cm in length) that is dangerous articles in the boiler room of the victim’s house on the ground that the victim did not open the entrance door, and caused the victim to break off the glass of the entrance door and the windows of the living room.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

3. Special residence intrusion Defendant cited the above items, which are dangerous things at the same time and place as that of paragraph 2, and entered the victim’s house through the window of a shouldered ward with glass as that of paragraph 2.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

4. In particular, the Defendant suffered damage to the victim’s head, etc. by putting about two weeks of treatment on the part of the victim’s head, etc. on several occasions, at the same time, at a place as referred to in paragraph 2, and on the part of a dangerous object, and damaged the victim’s head, etc.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

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

1. A medical certificate of injury and a medical certificate;

1. On-site photographs, estimates, and photographs of the scene of damage;

1. Application of Acts and subordinate statutes of the report on internal investigation (the details of the detection of a LPG gas station), the report on internal investigation (attached notes), and the certificate;

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