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(영문) 서울서부지방법원 2020.07.23 2020고단1055
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant live in Mapo-gu Seoul Metropolitan Government building B subparagraph c, and the victim D (32 years of age) is a person who lives in the same apartment E.

1. 특수손괴 피고인은 2019. 11. 17. 20:20경 위 아파트 E호 앞 복도에서, 피고인의 집에서 쿵쿵거리는 소리가 들린다는 이유로 피해자의 현관문을 두드렸으나 피해자가 문을 열어주지 않자 위험한 물건인 망치(길이 약 35cm )를 이용하여 피해자의 집 유리창 2개를 깨뜨려 수리비 30만 원 상당이 들도록 하였다.

Accordingly, the defendant damaged the victim's property by dangerous things.

2. The Defendant, in special injury, heard the sound of a glass door, and threatened the victim out of the house with her face, chests, etc., which is a dangerous thing cited by the victim, with a view to threatening the victim to her face, chests, etc. several times. The victim’s face was sealed by her hand by putting a back the victim’s neck, back the back to the floor, and then tightly damaged the victim beyond the floor for about 29 days, which requires approximately 29 days’ treatment.

As a result, the defendant injured the victim by dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of D police statement;

1. Photographss or cell phone photographs and video CDs;

1. A written diagnosis of injury and written estimate;

1. Seizure records;

1. Application of Acts and subordinate statutes of each investigation report (No. 13,17)

1. Relevant provisions of the Criminal Act and Articles 369 (1), 366, and 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case has been carried with a view to destroying the glass.

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