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(영문) 창원지방법원 마산지원 2018.11.30 2018고단949
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who was living temporarily by the D temple located in Changwon-si, Msan-si, Msan-si, and the victim E (65 years) is a well-known person of the above D.

1. In around 15:05 on May 20, 2018, the Defendant injured the victim, on the ground that the victim was unable to properly operate the inspection, such as a dangerous object, etc., that is, he/she puts the victim’s head once, and continued to put the victim’s head into a shot, and put the victim’s shots into a shot, and put the victim’s shots beyond the victim’s shots, thereby causing injury, such as salt, tension, etc., requiring approximately three weeks of treatment.

2. The Defendant damaged property, at the above date, at the place, and at the end of the inspection, removed the head of the stone department equivalent to KRW 12,650,00 from the market price of the victim who was in the inspection.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. A written diagnosis of injury and written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property and the choice of imprisonment) concerning the 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. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has the same history as the defendant, some of the crimes are recognized and reflected, and the circumstances and degree of damage of the case shall be determined as per the disposition.

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