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(영문) 서울북부지방법원 2018.06.20 2018고합90
특수상해등
Text

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

[Presumption Facts] The victim D is the owner of the land in Yeongdeungpo-gun, Youngcheon-gun, 495 square meters (hereinafter “instant land”). The Defendant registered the transfer of ownership of the instant land on November 11, 2010, and on July 15, 2015, issued a judgment to the Defendant to remove the instant land and deliver the instant land to the victim. The judgment became final and conclusive on September 15, 2015.

[Criminal facts]

1. On May 4, 2017, in order to prevent the Defendant from having access to the instant land, the Defendant damaged the victim D’s pentine in a 200-meter radius and 100-meter high and 1-meter high and 2 pentines in an aesthetic net in the market price.

2. Around May 4, 2017, the Defendant suffered special injury: (a) around 16:30, 2017, that the victim D told the Defendant to the effect that “the Defendant would pay the Defendant rent for leaving the instant land”; (b) the victim was displayed towards the victim of the enormous machine; (c) the victim was satisfing the enormous machine so that the victim could carry the phone with the victim; (d) the victim was satisfing the chest of the victim; and (e) the victim’s chest was satfing the victim’s chest; and (e) the victim was satfing (33 cm in total length, 10 cm in length from the date on which the telephone was removed) the victim’s arms, and caused the victim’s injury to the victim, such as open shopping in order for approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each protocol concerning the examination of the suspect of the police against the accused (including the D substitute part);

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes of Chapter 8 to Chapter 8 of the Act and subordinate statutes to a medical certificate for each injury, on-site and seized articles, photograph-making report on the removal of photographs, such as parts damaged D, report on the interior of the site related to the confirmation of the absence of trees;

1. Relevant Article 258-2 of the Criminal Act, Articles 258-2(1), 257(1) of the Criminal Act (a point of special injury) and Article 366 of the Criminal Act concerning criminal facts;

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