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(영문) 제주지방법원 2018.10.16 2018고단842
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[Power of crime] On November 12, 2015, the Defendant was sentenced to imprisonment with prison labor at night by the Jeju District Court for larceny, etc. and completed the execution of the sentence at Jeju Prison on April 30, 2016.

[Criminal facts]

1. On December 28, 2017, around 22:10, the Defendant attempted to damage the victim’s collection toilets with excessive one (No. 1, total length of 24 cm, length of 12.5 cm on the day), which is a dangerous object, on the ground that the victim’s 2nd floor of the 2nd floor of the 2nd apartment house in Jeju-si, located in the front corridor of the Defendant’s house, brought a noise problem between floors, and attempted to damage the victim’s collection toilets, but failed to escape.

2. Special intimidation and special bodily injury Defendant threatened the victim C (the remaining, 37 years of age) out of the house at the time and place specified in paragraph 1, and threatened the victim with the excessive excess, which is an object dangerous to the victim C (the other hand, and 37 years of age). Then, the victim resisted the victim to take the Defendant’s hand back and take the Defendant’s hand back, and knife the victim knife the knife at the board near the center where the victim took the knife and knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Protocols of seizure;

1. A seizure list;

1. The victim's reproduction photograph;

1. A medical certificate;

1. A report on investigation (related to acceptance of a rumor);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and an investigation report (verification of the fact during the period for a suspect A repeated offense);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 258-2(1), 257(1) (a) of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Articles 371, 369(1), and 366 of the Criminal Act concerning the selection of punishment (a person who has attempted to damage special property, and choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Article 53 of the Criminal Act for mitigation of amount;

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