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(영문) 창원지방법원 통영지원 2017.06.14 2016고단1441
특수상해등
Text

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

Reasons

Punishment of the crime

1. A special injury Defendant: (a) around August 10, 2016, at the Defendant’s house located in Sinyoung City around 20:30, on the ground that the victim D (at the age of 45) who was a de facto de facto ex facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto

In other words, N.I.D. was in the hospital’s office and talk at the hospital’s office.

In making a false statement and brub "Woo kk kn.", the part of the victim's shoulder was unloaded twice by putting the victim's shoulder, which is a dangerous object, and the victim's face, breast, distribution, etc. was made several times due to drinking and bruing.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the cutting of a foundation, which requires treatment for about 42 days.

2. The Defendant damaged property by setting up one cellular phone (S7) with the market value of KRW 1 million, which is the victim’s ownership, on the date, place, and on the ground that the victim did not receive a telephone, at the time, at the place specified in the above paragraph 1, and destroying it.

Summary of Evidence

1. The defendant's partial statement (a statement that the defendant made several times to inflict damage on drinking or launching);

1. Legal statements of witnesses D and partial statements of witnesses E;

1. Statement made by the police with respect to E and D;

1. Recording notes;

1. Investigative reports, field photographs, photographs of tools, etc., investigation reports (Attachment to damaged mobile phones photographs), and mobile phone photographs;

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

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

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

1. The fact that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include no record of having been punished by the defendant for the same kind of violent crime, or of having no record of having been sentenced to a suspended sentence or heavier punishment, is favorable to the defendant, but on the other hand, the tree who is a dangerous object, is the victim.

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