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(영문) 수원지방법원 안산지원 2017.08.10 2017고단1152
특수상해등
Text

A defendant shall be punished by imprisonment 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

『2017 고단 1152』 피고인은 2017. 4. 27. 17:20 경 안산시 단원구 C 앞에서 이웃 주민인 피해자 D( 여, 40세) 의 세차 소음으로 인하여 잠에서 깼다는 이유로 화가 나 손에 들고 있던 위험한 물건인 알루미늄 지팡이( 길이 약 95cm) 로 피해자의 머리를 내리쳐 피해자에게 약 2 주간의 치료가 필요한 두피의 열린 상처 등의 상해를 가하였다.

The Defendant, around 12:40 on May 18, 2017, calculated the 1st century at the F convenience store located in Ansan-si, Sinsan-si, Sinsan-si, on May 18, 2017, for the reason that the Victim G (V 22 years old) was unable to hold a locker for the purpose of occupation and death, she fling the city expenses on the ground that she was unable to hold a locker for the purpose of occupation and death. The Defendant fringed the Si expenses on the ground that her employee G (V 22 years old), who was a dangerous object purchased by her own, was her hand flick with the victim’s wick with the wick-si, which is a dangerous object that she was faced with her hand, and threatened the victim with her head when she was flick with the victim’s face, and her head was flick with the victim’s left hand.

Accordingly, the Defendant, carrying dangerous articles, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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 for mitigation of amount of punishment (including the fact that the defendant is against his/her gender and the fact that he/she has no record of criminal punishment exceeding the fine);

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

1. Grounds for protection observation and over 62-2 of the Criminal Act;

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