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(영문) 창원지방법원 통영지원 2019.05.16 2018고단1180
특수상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2018. 7. 27. 18:00경 통영시 B에 있는 C 앞에서, 위 마을 이장 D이 피고인의 모친을 수산 직불금 부정수령으로 고발한 사실에 대하여 D에게 항의하던 중 이를 목격한 피해자 E(65세)로부터 ‘너는 외지사람이 뭘 안다고 이장님한테 뭐라고 하느냐’는 말을 듣게 되었다.

Around 00:00 on July 28, 2018, the Defendant took a dangerous object, which was in custody of the Defendant’s mother-friendly warehouse ( approximately 20cm in length and about 40cm in total) and threatened the Defendant with the Defendant’s house in the above B by finding the gate in the victim’s house, thereby flying off the gate, and threatening the Defendant’s chest with the gate’s knife with the Defendant’s knife with the knife with the knife’s chest by the knife’s knife with the knife’s chest, and then, the victim took a knife against the knife with the knife by using the knife’s knife with the knife, the knife’s knife with the knife’s knife.

Accordingly, the defendant, carrying dangerous objects and assaulted the victim, thereby resulting in the victim's need for medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Medical records and medical certificates;

1. A gene appraisal report;

1. Police seizure records;

1. The application of Acts and subordinate statutes to report on investigation (a photograph, photographic photograph of seized articles, and oral statement to the criminal intent of the suspect's mother or child);

1. Article 262, Articles 261 and 257 (1) of the Criminal Act and Article 262, Article 261 and Article 257 (1) of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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