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(영문) 수원지방법원 2019.03.28 2018고단6523

특수상해등

Text

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

except that 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 theft: (a) around June 30, 2018, the Defendant: (b) took a dry field cultivated by the victim C in Seosan-si B, Seosan-si; (c) taken a dry field farming house of the victim; (d) took a dry field farming house of the victim; and (e) took a theft of the Defendant’s truck, carrying a tugboat of an amount equivalent to KRW 388,390, at the market price of the victim’

2. On July 4, 2018, at around 17:30 on July 4, 2018, the Defendant suffered special injury: (a) the victim C (the age of 59) was found in the Defendant’s residence; and (b) the victim was able to have his/her body returned to the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the victim; (c)

As a result, the Defendant inflicted bodily injury on the victim, such as salt, tension, dump, dump, dump, etc. in need of medical treatment for about 14 days by carrying a dump, stone, and each item, which are dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. E statements;

1. A criminal investigation report (a record of the submission of theC - a record accompanied by the accompanying record);

1. Application of Acts and subordinate statutes on documentary evidence, diagnostic certificate, and deaf machinery receipts;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury) and 329 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. Defendant and his defense counsel’s assertion

A. In return for assisting the victim’s dry field farming shed, the Defendant was merely taking the beginning of a tugboat with the victim’s consent, but did not theft.

B. The defendant.