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(영문) 광주지방법원 순천지원 2019.06.20 2019고단799
특수상해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on April 1, 2019, the Defendant suffered bodily injury from a special injury: (a) while eating with the Victim C (Influent, 53 years of age) who is a pet in a restaurant located in Goung-gun, Goung-gun, Goung-gun; (b) on the ground that “the victim was placed in the house to move, and laundry is still dissatible; and (c) the laundry is still unsatisfed; and (d) the victim was injured by two open wounds in need of two weeks of treatment.”

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Around 21:00 on April 1, 2019, the Defendant: (a) received hospital treatment; (b) went back to the gate; (c) did not open the gate; (d) went away from the gate; and (e) broken down the victim’s entrance into the gate with a view to 100,000 won of the market price; and (b) destroyed the 120,000 won of the gate by generating an inner door so that the 120,000 won of the gate can be repaired.

Accordingly, the defendant invadedd the victim's residence and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A report on internal investigation (Attachment of photographs);

1. Report on investigation (related to estimation of damage);

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), 366, and 319 (1) of the Criminal Act concerning facts constituting an offense, the choice of a sentence, and the choice of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act include the nature and risk of each of the crimes in this case, the degree of damage to the victim, etc., but the defendant has no same criminal records, the fact that the defendant has agreed with the victim, the relationship between the defendant and the victim, and the reflectivity of the defendant.

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