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(영문) 대전지방법원 홍성지원 2019.08.28 2019고단212
특수상해등
Text

The defendant shall be punished by a fine of KRW 3,00,00,00 for the crime No. 2 in the judgment of the court, six months of imprisonment with prison labor for the crime No. 1.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2018, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on July 18, 2018 and the judgment became final and conclusive on July 26, 2018.

【Criminal Facts】

The defendant was living together with the victim B (n, 56 years of age) and 7 years of age.

1. A special injury Defendant: (a) around 10:0 on March 23, 2018, parked in the Diplomatic parking lot in Chungcheongnam-gun, Hongsung-gun, Hongsung-gun, the Defendant: (b) in the Epoter vehicle of the Defendant; (c) on the premise that the Defendant was taking the Defendant’s business, the Defendant was aware that the Defendant was taking the Defendant’s punishment; (d) on the one hand, the Defendant was able to get the head of the victim one time; and (e) on the one hand, the Defendant sustained two open addresses in need of two weeks of treatment by carrying dangerous articles.

2. On March 1, 2019, at around 02:05, the Defendant: (a) opened an entrance against the victim’s residence in Hongsung-gun F; (b) even though the victim said that the victim would not enter the house, and went into the house, and intrudes on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A medical certificate;

1. 12 reported case handling table, respectively;

1. A report on internal investigation:

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (verification of a suspended sentence against a suspect) and statutes;

1. Articles 258-2 (1), 257 (1) and 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of a fine with regard to the crime of intrusion upon residence as a result of a decision on the choice of punishment (the consideration shall be given to the favorable circumstances such as the reflection of the punishment, the smooth agreement with the victim after the prosecution, and the suspension of execution

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act concerning the special injury as indicated in the holding to treat concurrent crimes;

1. The judgment becomes final and conclusive as to the special injury crime in the judgment of discretionary mitigation, which reflects Article 53 and Article 55(1)3 of the Criminal Act, is relatively minor, the damage is relatively minor, and the victim has agreed to do so.

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