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(영문) 대구지방법원 상주지원 2021.01.28 2020고단83
상해등
Text

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

Reasons

Punishment of the crime

1. On November 3, 2019, at around 00:50, the Defendant damaged a window equivalent to KRW 3 million in the market price owned by the victim, on the ground that: (a) the Defendant, at the time of stay at around 00:50 on November 3, 2019, has a hackch (1m in total length) with a dangerous object, which is in front of the victim C’s house; and (b) has a departmented the windows of the living room

2. Special residence intrusion Defendant: (a) carried dangerous articles at the time and place specified in paragraph 1, and opened a department-based window as described in paragraph 1, and infringed upon the said victim’s residence.

3. The Defendant, at the time, and at the place specified in paragraph 1, reported that the said victim was in possession of another male, and thereby, could be able to do so.

The act of assaulting the victim, such as taking the head of the victim's hair with his left hand, taking the victim's lusium on a hand, cutting the victim's lusium with his lusium, cutting the victim's lusium with his lusium, and taking the victim's lusium, thereby causing injury to the victim, such as cerebral sins, which do not have any 14 days of treatment

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of each internal investigation report (Evidence Nos. 3, 7) to C on the police’s statement report

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 369(1) and 366 of the Criminal Act concerning the choice of punishment (a point of destruction of special property), Articles 320 and 319(1) of the Criminal Act (a) (a point of intrusion into special residence), Article 257(1) of the Criminal Act (a point of harm) and each choice of imprisonment with prison labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant intrudes the victim with dangerous objects of the living room windows of the neighboring victim and inflicted bodily injury on the victim, and the victim's awareness of considerable pain and fear is not easy, and the victim's attitude of not requiring the punishment without any specific condition is advantageous to the defendant.

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