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(영문) 청주지방법원 영동지원 2018.07.26 2017고단20 (1)
특수상해등
Text

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

However, 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. On December 1, 2016, the Defendant intruded upon his/her residence by entering the ward through a marina without the consent of the victim in order to comply with the relationship between the Defendant’s spouse and the victim’s family in the victim E (75 years old) located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 2016.

2. The Defendant has special injuries: (a) reported the victim E at the time and place specified in paragraph 1; and (b) reported the victim E.

N. N. N.T.T.T.T.T.T. f.

After the sound, “the victim was flicked with a dubb and flaps with one another, and was flicked with the victim’s head, which is a dangerous object in advance (70 cm in length) at once, and the victim’s face was flick at once, and the victim was flicked with a head covered for about 10 days in need of treatment.

Summary of Evidence

1. Application of the Act and subordinate statutes to a photographic injury diagnosis document (Evidence No. 5) attached to a legal statement report (Evidence No. 3) by a witness E of a part of the defendant's legal statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the selection of punishment (a point of harm) and Article 319 (1) of the Criminal Act (a point of intrusion upon residence and choice of imprisonment with prison labor);

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

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument does not constitute a fact that the defendant saw the victim's face one time by drinking, and first, the defendant's act constitutes a legitimate defense, and thus, the defendant's act does not constitute a legitimate defense. The defendant's act does not constitute a legitimate defense, since he does not constitute a legitimate defense.

In addition, a tree stick carried by the defendant does not constitute a dangerous object as referred to in a special injury crime.

2.The board shall be duly adopted by this Court.

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