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(영문) 대구지방법원 안동지원 2019.07.17 2019고단97
특수상해등
Text

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

Reasons

Punishment of the crime

1. On October 2, 2018, the Defendant causing property damage: (a) around 22:00 on the ground that the mother of the Defendant was playing in the victim’s house at the end of the residence of the victim C (n, 62 years of age) and his mother was living in the victim’s house; (b) he was accompanied by a kitchen 2,70,000 won of the market price, which is the victim’s ownership; and (c) continued to enter the victim’s house at the victim’s residence; and (d) 1,30,000 won of the market price, which is the victim’s ownership, was broken.

Accordingly, the defendant damaged the victim's property.

2. In light of the time and time indicated in paragraph (1) above, the Defendant suffered special injury, at the end of the above victim C’s residence, the following methods: the victim, who was in the room, destroyed the kitchen and the tree door in the same manner as described in paragraph (1), had the wall, which is a dangerous object outside the room, had the victim faces the face of the victim.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the left-hand felcing on the left-hand side, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Each injury diagnosis letter;

1. Damage photographs;

1. The application of Acts and subordinate statutes to a criminal investigation report (a written estimate attached), investigative report (a telephone conversation with the head of a Si/Gun/Gu at the time when the head of Si/Gun/Gu was born), investigative report (a telephone conversation with the head of Si/Gun/Gu), investigative report (a copy of the victim C medical record, a receipt for medical expenses, etc.), investigation report (a condition at the time when the victim C

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 366 of the Criminal Act (the point of causing bodily harm and the choice of imprisonment with prison labor) of the same Act;

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

1. Determination on the assertion of the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The summary of the assertion (in respect of a special injury), the defendant has no fact of leaving the face of the victim C.

2. Determination.

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