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(영문) 춘천지방법원 2017.11.27 2017고단925
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 is the resident of the C apartment in Chuncheon City, and the victim D(59) is the representative of C apartment occupants' association.

around 19:00 on August 17, 2017, the Defendant tried to use a blood pressure measuring instrument at the elderly's home of the apartment apartment C, but he was prevented from using the blood pressure measuring instrument at the meeting on the ground that he cannot use the blood pressure measuring instrument during the meeting.

Therefore, the defendant saw the brick (19cm wide, 9cm long) which is a dangerous object before the elderly's dwelling, as a part of the elderly's body, and re-entered into the body of the victim, and let the dub of the victim, and let the victim get the dub of the wall, and the damaged person prevented the defendant, and the damaged person was in accordance with the part of the victim's left back of the wall.

After all, the Defendant carried dangerous things and inflicted an injury upon the victim, which requires treatment for about 20 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on the arrest of the occurrence of the case, photographs of the site of the case, reports on dispatch of the scene of the violent incident, investigation report (Attachment of a victim's death diagnosis report), investigation report (the management complaint and counter party, confirmation of the details of damage), investigation report (the verification of the contents of witness E by the

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking into account the following conditions of sentencing as indicated in the records, such as Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime (the crime of special bodily injury under the Criminal Act is not set with sentencing guidelines). The act of taking the head toward an unfavorable condition under the Criminal Act is a very dangerous act that may cause serious bodily injury, the minimum statutory penalty for special bodily injury is one year, and the previous offense of special bodily injury is two times.

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