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(영문) 수원지방법원 안산지원 2018.06.05 2018고단1531
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 18, 2018, the Defendant infringed upon a house: (a) around 22:30 on the house of the victim D of the 501 Sinsan-si, Ansan-si, Mada-si, 501; (b) around April 2016, the Defendant sought to visit the victim, such as the Plaintiff’s acquisition of a race, but the Defendant sought to visit the victim, but did not open the door, the door up to the rooftop of the said house was cut off to be 501, the house owner of the victim’s house, and opened the bera window and intruded the victim’s residence.

2. The Defendant, at the time, at the place specified in paragraph 1, has pushed the Victim by hand, and has tighted the Victim into the floor, and whether the Victim’s “it is not open to the door, thereby going into this house;

Whether or not a man and a man and a man who have recently returned home at the latest and late time are drinking;

“Along with the victim, etc., the victim and the victim were suffering from injury, such as 23:00 on the same day, and cosmetics (hereinafter referred to as 15cm in length, glass material), which were dangerous articles on cremation at around 23:00 on the same day, were boomed at the victim’s head, and the victim’s body, face, head, etc. were fluent by drinking, etc., and the victim suffered injury, such as the two flus/ blood type, left hand, and blood type, etc., requiring treatment for a period of 18 days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment with prison labor);

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. It is recognized that the Defendant appears to reflect on the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount, and that the Defendant agreed with the victim.

However, the crime of this case was committed against the female hedging, and thus, is dangerous.

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