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(영문) 대구지방법원 영덕지원 2018.04.25 2018고단19

특수상해등

Text

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

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

Reasons

Punishment of the crime

1. The defendant who intrudes upon a residence is in an inhumane relationship between his wife and the victim C; and

On October 29, 2017, at around 17:00, the defendant's residence located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in order to pursue the relation with the victim and to find out the dispute with the victim, and to cause harm to the victim, and immediately intrudes upon the victim's residence by opening a door without the victim's consent and taking out the door without the victim's consent.

2. The Defendant, as described in paragraph 1, has intruded into the house of the victim C (78 years old) and entered the house, and has taken up the body of the victim who was under way, and “the sprinker sprinks” to the victim.

"At the time of drinking the victim's face and chest part by drinking, the victim's face and chest part was cut up, and the victim's part was flicked three times, and the victim's part was flicked, and the victim's part was flicked, and the part was flicked, and the part was flicked, which requires treatment for about 10 days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (Attachment of photographs showing the residence of a victim, which is a place where the victim has occurred, and a photographic paper of the victim's injury shall be attached);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with heavy special injury (within the scope of the sum of the long-term punishments of the above two crimes)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Suspension of execution;