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(영문) 수원지방법원 여주지원 2017.09.29 2017고단722

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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, who lives in the victim C(70) and adjoining areas, sold the land owned by the defendant and the house on the land owned by the defendant to the owner of the damaged person, and continued to be a dispute over the boundary of the victim and the land.

On April 20, 2017, the Defendant: (a) on the front day of the Victim D in Yangpyeong-gun on April 20, 2017, the Defendant: (b) conducted a survey of the boundary of the Defendant’s land and the victim’s land; (c) and (d) sought to stuff the Defendant’s land to a pipe.

“The Defendant laid down the hack pipe, which was used by the Defendant, and laid down the hack pipe ( approximately 1 meter in length), which is a dangerous object away from the floor of the hacker, by cutting the hack pipe used by the Defendant, and blue the victim’s right blue.

As a result, the defendant put the victim into a side of the right section in need of treatment for about 14 days.

Summary of Evidence

1. Each legal statement of witness C, E, and F;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution shall be taken into account in an unfavorable circumstance, such as the fact that the defendant does not wish to commit his/her crime, the risk of the attitude of his/her act, and the fact that the victim wants to commit the severe punishment

However, it is decided as per the disposition in consideration of all the sentencing conditions of Article 51 of the Criminal Code, such as the degree of injury, age, sex, environment, and no punishment heavier than a fine has been imposed.