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(영문) 대구지방법원 영덕지원 2019.09.04 2019고단110

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On April 22, 2019, the Defendant suffered special injury: (a) around 10:30 on April 22, 2019, in the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun; (b) on the ground that the victim C (the victim South and the age of 53) had a dispute with D and food payment, which is a ship exhauster; and (c) he went against D, and (d) caused bodily injury to the victim by gathering 30cm, which is a dangerous object on the truster of the living room at the above dwelling; and (d) having the victim’s head several times, caused the victim’s injury to an open wife in the number of days of treatment.

2. On April 20, 2019, at around 03:00, the Defendant damaged the entrance and outflow network owned by the victim so that the amount of non-repair costs, such as opening a hole at the entrance, was destroyed by the victim’s dwelling room, on the ground that the victim damaged the Defendant’s previous dwelling room, but did not take any measures against the damage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. A report on occurrence, internal investigation report, and each investigation report;

1. Emergency department records and medical records;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes] among concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for a period from six months to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Special Bodily Injury) (Special Bodily Injury) ; 02. Bodily Injury, Bodily Injury (Type 1) - Special Bodily Injury (Special Bodily Injury) -