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(영문) 대전지방법원논산지원 2020.11.24 2020고단469
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is in the fifth degree of relationship with the victim B, and the victim C is the spouse of the victim B.

1. Special violence;

A. At around 14:00 on September 28, 2019, the Defendant assaulted the victim’s arms on two occasions at the center of the Victim B (Nam, 79 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun, namely, “I am back, I am back, I am back, I am going back, I am going back, I am son’s door, a dangerous object.”

B. On May 1, 2019, at around 16:00 on May 1, 2019, the Defendant assaulted the victim’s arms and jums on one occasion, each time, using a tree monet (the length of 50cm, width of 40cm), which is a dangerous object cited as “Is Dol Dol Dol Dol Dol Don” in the house shed of the victim C (M, 75 years of age) located in Chungcheongnam-nam-gun, Chungcheongnam-do.

2. 특수상해 피고인은 2020. 2. 23. 08:11경 충남 부여군 D에 있는 피해자 B의 집 현관문 앞에 찾아와 “이 새끼 어딨냐, 나와라 내 허락도 없이 어디 갔어”라고 하면서 들고 있던 위험한 물건인 나무 몽둥이(길이 75cm, 넓이 3cm)로 피해자의 머리, 얼굴, 어깨와 왼쪽 눈을 때려 피해자에게 약 14일간의 치료를 요하는 열린 두개내 상처가 없는 진탕 등의 상해를 가하였다.

Summary of Evidence

1. The defendant's legal statement B, each police protocol against C;

1. Application of Acts and subordinate statutes to report on the investigation of an injury (any deadly weapon, etc. and accompanying photographs);

1. Article 261, Article 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment with labor), Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Considering the method and degree of exercising the accused’s tangible force on the grounds of sentencing under Article 62-2 of the Probation Act, Article 62-2 of the Act on Probation and Punishment, etc. of Probation, Article 53 and Article 55(1)2 and Article 50 of the Act on Discretionary Mitigation of Aggravation of Concurrent Crimes, it is not desirable to commit the offense of the accused.

There was no agreement with the victims.

(b).

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