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(영문) 수원지방법원 2019.03.28 2018고단6821
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] The Defendant appealed at the Suwon District Court on October 12, 2018, sentenced two years to imprisonment for a crime of causing fire to public structures and fire to public interest (2018 Ma315). However, on January 18, 2019, the Defendant was sentenced to dismissal of the appeal, and the second appeal was made, but the above sentence became final and conclusive upon dismissal of the appeal on March 15, 2019.

【Criminal Facts】

The defendant, who is a person without a certain occupation and residence, was living together in the residence of the victim B(56) and the victim C(35 years old) who is friendly with the victim B(56 years old) who became aware of at the venue of the event.

1. Around 01:00 on May 1, 2018, the Defendant continued to go against the victim B, who was in his/her possession of a dangerous object for the reason that he/she continued to go against the victim B, even though he/she did not go against the victim B, at the residence plan of the victim B located in Gangwon-gun, Gangwon-do, Gangwon-do. Around 00, the Defendant left the victim’s head and shoulder part by a tree stick (118cm in length).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. A special injury: (a) around 06:30 on May 1, 2018, the Defendant, while engaging in a dispute with the victim B and the above paragraph (1) at the end of the residence described in the above paragraph (1) of the same Article, was making a tree stick (118cc in length) which was a dangerous object being used for the victim B’s own desire, several times to the head of the victim B; and (b) in the process where the victims were fluent with a deadly weapon, which is a deadly weapon in the kitchen at the time of his/her residence due to continuous residential problems, were displayed on the part of the victim B of the instant case, and the victims caused a fluort condition on the part of the victim C in the process where the victims were prevented.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims during treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, B, and E is consistent with the Defendant’s act, content of the damage, the fear and response of victims, and the situation before and after the commission of the crime.

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