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(영문) 서울중앙지방법원 2020.06.11 2020고단36

특수상해등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 20, 2019, around 08:40 on December 20, 2019, the Defendant: (a) heard the horses from the victim C (Namnam and 44 years of age) who was in dispute over usual noise issues in front of the first floor of Jung-gu Seoul, Jung-gu, Seoul, the first floor of the front floor; (b) “spiting spits or spits with the child with a threat of brushing the child,” and (c) taken the face of the victim on a drinking time, and invaded the victim’s residence by following the victim’s entrance through the front door where the victim spits in his residence.

The defendant continued to catch the victim's face with his left hand in his residence, and attempt to threaten the victim's face. The defendant collected 200 m3 from the victim's wife to the victim's wife, which is a dangerous thing that the victim's wife was deprived of, and collected 10 m4 m3 from the victim's wife to the victim's wife, and made 20 m3 p.m., two parts, five cm, four cm, three cm, three cm from the former part, five m, three cm, three cm from the former part, three cm, three cm from the former part, three m, three m, two cm from the latter part, the upper part, the upper part, the top part, the upper part, the thalm, the thale, the thale, the thale, the thale, the thale and the left part of the victim's body, and the head of the victim's head.

Accordingly, the defendant invadeds on the residence of the victim, while carrying dangerous objects, and inflicted an injury on the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Submission of a medical certificate and reference materials (seven copies);

1. Application of investigative reports (Attachment to photographs of damaged parts of the site and victims), the field, and photographs of damaged parts of the Acts and subordinate statutes;

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

1. The Criminal Act among concurrent crimes.