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(영문) 광주지방법원 2017.11.23 2017고단4226
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On August 16, 2017, on the fourth floor of the building located in Gwangju-gu, Gwangju-gu, the Defendant: (a) opened a door to the D office that is managed by the victim C (67 years of age) on the fourth floor of the building in Gwangju-gu; (b) opened the door to the building; (c) opened the office glass by hand; and (d) removed the office glass, and (d) removed the office window from the damaged person “in the open door.”

“The victim’s head head part was lowered once by a glass window, which is a dangerous object cited as a “the victim’s own hand,” and the victim’s head part was laid off, and the victim’s treatment days was laid to the end.

2. The Defendant infringed upon a structure, immediately after doing the act as described in the preceding paragraph, opened a glass window of the F church managed by the victim E and intruded into the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Investigation reports (on-site situations, etc.);

1. Application of the Acts and subordinate statutes to the field and the body photograph, closed circuit output, field photograph, report on the results of field identification, and the results of adequate appraisal;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of a structure and the election of a punishment) concerning the facts constituting an offense, and Articles 258-2 (1) and 257 (1) of the Criminal Act (the occupation of a special injury);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the liability for a crime is not minor in light of the methods of committing each of the crimes on the grounds of sentencing under Article 62(1) of the Criminal Act, a sentence shall be determined as ordered in consideration of the following: (a) the confession of the crime was made and the mistake was reflected in the confession of the crime; (b) the victim did not have any criminal record of imprisonment or more severe punishment; and (c) the victims do not want punishment for the defendant; and (

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