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(영문) 대구지방법원 김천지원 2017.11.29 2017고단1386
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 20, 2017, around Kimcheon-si B, on the ground that the Defendant, at the Defendant’s house located in Kimcheon-si, demanded the payment of the credit amount of the victim C (61 tax) to change the victim’s address, and expressed the Defendant’s desire to take the Defendant’s wife, the Defendant: (a) duplicating the victim’s head and body by using a hack pipe (75cm in length, 20cm in diameter) which is a dangerous thing while taking the victim’s bath; (b) duplicating the victim’s head and body; and (c) duplicating the victim into approximately two weeks of treatment.

2. The Defendant damaged a special property by spraying for the foregoing reasons at the time, at the places described in paragraph 1, for the foregoing reasons, using the hock (109cm in length) of dangerous objects, thereby damaging approximately KRW 3.80,000,000 of repair cost, prior to the left-hand edge of the D freight truck owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. A vehicle repair receipt;

1. Application of Acts and subordinate statutes to criminal investigation reports (afforesting photographs, such as chain pipes);

1. Article 258-2 (1), Article 257 (1) of the Criminal Act (the point of special injury), Article 369 (1), and Article 366 of the Criminal Act (the point of special damage and the choice of imprisonment) concerning the facts constituting an offense;

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 favorable circumstances):

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, in light of the form and risk, etc. of each of the instant crimes, the nature of the crime is not good, the degree of injury of the victim is not weak, and the agreement is not reached, etc., under unfavorable circumstances, the Defendant’s mistake is against himself/herself, and there is no record of criminal punishment exceeding the same kind of or fine for the Defendant, etc., shall be considered under favorable circumstances, and all of the sentencing conditions, such as the Defendant’s age, sex, environment, background leading to the crime, circumstances leading to the crime, etc., shall be determined as per the disposition, taking into account all the sentencing

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