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(영문) 창원지방법원마산지원 2020.09.08 2020고단681
특수상해등
Text

A defendant shall be punished by imprisonment for two years.

One office kacker (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On October 24, 2018, the Defendant was sentenced to a three-year suspended sentence for a violation of the Act on the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) at the Changwon District Court in Busan on October 24, 2018, and the judgment became final and conclusive on January 10, 2019. On October 31, 2018, the Defendant was sentenced to a two-year suspended sentence for a two-month suspended sentence for a special assault in the Changwon District Court's Msan Branch for a six-month suspended sentence, and the judgment became final and conclusive on November 8, 2018.

1. Crimes around June 26, 2020;

가. 피해자 B에 대한 특수상해 피고인은 2020. 6. 26. 05:00경 창원시 마산합포구 C에 있는 피고인의 집에서 피해자 B(남, 56세), D 등과 술을 마시면서 도리짓고땡 도박을 하다가 누군가가 자신의 돈을 가지고 갔다는 생각에 흥분하여 소리치던 중 피해자가 이를 말린다는 이유로 화가 나 위험한 물건인 빈 소주병을 들고 피해자의 코 부위를 때리고, 계속하여 위험한 물건인 과도용 칼(전체 길이 20cm, 칼날 길이 12cm)로 피해자를 찌를 듯이 위협하고, 손으로 피해자의 턱 부위를 수회 때려 피해자에게 약 3주간의 치료가 필요한 비골 골절상 등을 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

B. On June 26, 2020, around 07:40 on June 26, 2020, the Defendant: (a) was in front of the gathering of the victim E (the age of 81) located in Chang Mapopopo-si F; (b) in fact, G did not have the money of the Defendant even though G, who was the victim, did not have any stuffed with the Defendant, but he did not have the money; (c) in view of the fact that G took the Defendant’s possession of the money, he destroyed the steel fence that was installed in the garden, the market price of which is the non-victimed victim; and (d) removed three parts of the steel fence, the market price of which is the non-victimed victim.

As above, while the Defendant continued to damage the victim’s property, she resisted that “the victim is so why it would be so?” and the victim she also flick.

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