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(영문) 인천지방법원 2016.05.19 2016고단1498
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On March 14, 2016, at around 23:00, the Defendant: (a) made several calls at the Defendant’s house located in Incheon Dong-gu, Incheon; and (b) made several calls at the Defendant’s house located in 105 Dong-dong 902, to the victim E, who is his spouse; (c) but said, the Defendant thought that the victim would go out without the call; and (d) said, the Defendant was able to find the enormous portion of the cleaning smuggling at the Defendant’s house and carried it in the singing room operated by the victimized person, thereby having the intention to use violence.

Thus, around 00:05 on March 15, 2016, the Defendant suffered injury to the victim by taking several times the body of the victim, which is a dangerous object that was prepared in advance in the stairs in front of singinging out (75 cm in length) operated by the injured party on the first floor of the Seo-gu Incheon, Incheon, Seo-gu, Incheon, and caused injury, such as the softening of the left hand, which requires approximately six weeks medical treatment.

2. A special assault Defendant committed an assault to the victim H, who had sing and drinking in the said singing room at the said singing room, against the said E’s external appearance, and committed an assault to the victim on several occasions by using the said singular powder, which is a food and dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E, I, and H;

1. Photographss of damage, records of seizure (voluntary submission), list of seizure, and photographs of seized articles;

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, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) 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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. In light of the following circumstances: (a) the degree of injury inflicted upon the victim E for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is serious; (b) the victim E is not agreed upon; and (c) the fact that the victim has been punished for the same kind of crime, etc., the crime is divided and committed.

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