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(영문) 춘천지방법원 영월지원 2017.12.12 2017고단408
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 2017, around 22:55, the Defendant: (a) laid the boiler room at the victim D (V, 63 years of age)’s residential boiler room, with a 500 bitradist amounting to the market price of approximately KRW 500,000 in the smoke boiler room.

Accordingly, the Defendant stolen the property owned by the victim.

2. Around 00:40 on August 1, 2017, the Defendant suffered special injury: (a) from the Defendant’s residence boiler room located in Thailand E, the Defendant returned the fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluoral fluorial fluoral fluoral fluoral fluoral fluoral fluoral fluor.

As a result, the defendant set the left-hand side of the victim requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The scene taken by a police officer dispatched to the scene and the photograph of a victim's body;

1. A report on investigation (report attached to the scene, such as site photographs), the scene of the case, and photographs of a studio;

1. A criminal investigation report (report on the attachment of CCTV image data containing the scene of a crime), photographs and CDs by capturing the screen of video data;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (abstinence, choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (abstinence of special injury);

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following circumstances are revealed in the records of this case: (a) the Defendant recognized the instant crime; (b) favorable circumstances, such as the fact that the amount of damage caused by the theft is less than the amount of damage inflicted by the victim of a special injury; and (c) the fact that the victim was unable to agree with the victim; and (d) the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime;

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