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(영문) 울산지방법원 2020.09.10 2020고단114
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 became final and conclusive.

Reasons

Punishment of the crime

1. On December 28, 2019, around 23:10, the Defendant was at the house of the victim C (Nam, 61 years of age) located in Yangsan-si B, and there was a dispute between the victim and the telephone due to the previous female problem. As such, the Defendant, who entered the house, went into the door door, which was not corrected, and went into the victim’s house and intrudes on the victim’s residence.

2. In the date, time, and place indicated in Paragraph 1, the Defendant 2: (a) laid down a down atmosphere of about 123 centimeters in length in the victim C’s front door; (b) laid down the victim’s left right side of the hives; (c) laid down the victim’s hives by hand; and (d) sustained the victim’s hair with his head; and (c) inflicted an injury on the victim’s blood transfusion in the days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of the body part of the victim);

1. Relevant provisions of the Criminal Act and Articles 319 (1), 258-2 (1), and 257 (1) of the Criminal Act that stipulate the applicable provisions concerning facts constituting an offense and the choice of punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant invadeds on the part of the victim's inside, thereby getting off the victim's humf and getting off the victim's humf and suffered the victim's head due to his humf, and thus, the criminal liability is more important.

However, the victim has not been punished against the defendant, taking into account such circumstances, and comprehensively taking into account all the sentencing conditions such as the background leading up to the crime of this case, the form of the act, the degree of injury, the age and environment of the defendant, and the circumstances after the crime of this case, the punishment against the defendant shall be determined as ordered.

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