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(영문) 부산지방법원 서부지원 2017.07.11 2017고단301
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 09:10 on January 5, 2017, the Defendant collected a brick (18cm, 8cm in width, 8cm, 5cm in height, 5cm in height), which is a dangerous object from the victim, who was the owner of the building newly constructed in Seo-gu, Busan, and the victim D (49 years old) who designed the building at the above construction site, had the victim D (49 years old) not attend the construction site to the supervision of the construction site and followed the work not constructed according to the design, and rather could not be completed from the damaged party. The Defendant collected the brick (18cm in width, 8cm in length, 5cm in height, 5cm in height) from the victim’s left arms, followed the victim’s free arms for about two weeks in need of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Around 09:20 on the same day, the Defendant, who was parked on the road in front of the construction site at around the same day, unloaded a gate (18cm wide, 8cm high, 5cm high, 5cm high), which is an object in danger of the free will of the driver’s seat of the E-Wz car, which is owned by the victim and was parked on the road before the construction site at the above construction site at around 09:20.

As a result, the Defendant, carrying dangerous articles, destroyed the victim's property so that the amount of repair costs equivalent to 424,300 won at the market price, such as the replacement of a glass window.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (the crime attempted, arrest and seizure of bricks, and attachment of bricks and photographs at the scene);

1. An investigation report (a estimate of damaged vehicles and a photograph of damaged parts);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate and change of the name of the crime);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), 369 (1), and 366 of the Criminal Act 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the Defendant acknowledges and reflects his mistake; and (b) the instant case is contingent based on the delay of construction.

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