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(영문) 수원지방법원 평택지원 2019.07.04 2018고단1962

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A special injury: (a) around 23:00 on November 1, 2018, at the Defendant’s residence located in Ansan-si B, the Defendant suffered bodily injury, i.e., damage to the victim’s head, i.e., the Defendant’s spouse under the law (n.e., 5 years of age) and the return of business funds in the course of divorce proceedings, by taking the victim’s head, leading the victim’s head, and hiding the victim’s inside and outside the bend (i.e., 23cm in total length, 12.5cm in length). During that process, the victim’s head part was the victim’s injury, i.e., damage to the victim’s head, which requires two weeks of treatment.

계속해서 피고인은, 피해자의 머리카락을 자른 후 분이 풀리지 않는다는 이유로 가위를 피해자의 목이 들이대고, “씹할 년아, 너 같은 년은 죽어야 돼”라고 말하면서 주먹과 손바닥으로 피해자의 얼굴과 어깨, 등 부위를 수십 회 때리고, 피해자를 거실로 끌고 나와 발로 피해자의 몸통을 수 회 걷어찼다.

Accordingly, the defendant, while carrying a neck, who is a dangerous object, inflicted an injury on the victim.

2. The Defendant: (a) destroyed special property, at the time and place indicated in the foregoing paragraph (1) above, 2 of the market price of the victim, which is the victim’s possession, 300,000 won on the ground that the victim was not released after the time and place of the victim; (b) damaged the key of the vehicle owned by the victim and the mobile phone equivalent to KRW 200,000,000,000,000,000 won.

Accordingly, the defendant carried a shoulder and sprink, which are dangerous objects, and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. On-site and photographs of damage;

1. Records and lists of police seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (flag and a photograph of damaged part);

1. As to Article 258-2(1), Article 257(1), Article 369(1), and Article 366 of the Criminal Act concerning the crime and the crime of destroying and damaging special Articles, which are applicable to the choice of punishment.