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(영문) 창원지방법원 2017.09.13 2017고단1596
특수상해등
Text

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

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

Reasons

Criminal facts

1. On March 23, 2017, the Defendant: (a) at the National Health Insurance Parking Lot No. 46, no. 532, street 46, as the window of Changwon-si around 15:35, the Defendant: (b) on the ground that the wheeler purchased from the said Company did not refund the wheeler price even if the wheeler purchased from the said Company was returned once a day; (c) on the ground that the wheeler did not refund the wheeler; (d) on the ground that the necker purchased from the said Company, which is a dangerous object in advance, damaged the part of the driver’s seat of the said vehicle owned by the victim, thereby destroying it by attaching the 142,760 won at the market price of the said vehicle.

2. At the time and place set forth in paragraph 1, the Defendant: (a) displayed the neck, which is a dangerous object, and brought the victim D(57) losses on one occasion due to the above neck; and (b) brought the victim with other necks and grandchildren requiring medical treatment for about 10 days.

3. At the time and place set forth in paragraph 1, the Defendant: (a) committed, in his hand, the act of assaulting the victim by doing so, the excessive amount (23 cm in total, 11 cm in length) that is a deadly weapon previously possessed (11 cm in length); and (b) doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act (the point of destroying special property, the choice of imprisonment), Articles 258-2(1), 257(1) (the point of special injury) of the Criminal Act, and Articles 284 and 283(1) (the point of special intimidation, the choice of imprisonment with prison labor) of the Criminal Act concerning criminal facts;

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. 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. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 48 (1) 1 of the Criminal Code of Confiscation is that the defendant repents his fault in depth and reflects his fault, and the motive and circumstance leading to each of the crimes in this case.

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