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(영문) 청주지방법원 제천지원 2017.12.21 2017고단302
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 9, 2017, the Defendant, at the home of the victim C (47 years of age) in Fayang-gun B, Mayang-gun on July 13, 2017, and the victim, at the time of drinking alcohol.

In addition, due to the rashing of the Defendant’s rash, he laid the cell phone and charging devices to the victim, laid the part of the victim’s arms outside the above house one time, and put the victim’s arms on the treatment days in a way that the victim’s rash strings the treatment days, put the motter, which is a dangerous object in the said rash, on the right side of the victim’s right arms, put the victim into a warning of the treatment days in the treatment days, and put the two copies of the living room window which is worth 60,000 won in the market price owned by the victim.

Accordingly, the defendant carried dangerous articles, injured the victim, and damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination of the sentence as ordered by comprehensively taking account of the following conditions of sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

The risk of the act is high, confessioning that there has been five times punishment for violent crimes, and reflects that the victim has been committed, the degree of the injury and the damage is caused by the damage of the property.

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