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(영문) 부산지방법원 동부지원 2018.09.06 2018고단1241
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

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On May 19, 2018, the Defendant damaged a female-friendly job victim D (n, 31 years of age) at the Defendant’s house located in Suwon-gu building 604 on May 19, 2018, while making a dispute with the victim’s family at around 20:10, 304, one unit of S5 mobile phone was collected five times on the floor and damaged its utility, which is equivalent to the market price of 870,000 won owned by the victim.

2. The Defendant, in the date, time, place, and place mentioned in the preceding paragraph, has “A person and has been in mind,”

Does the extent to which they are established;

Along with a proper one-time test of the Republic of Korea

“Flying on the wall, lying on the wall, putting the trees on the wall, putting the shoulderer bottles, a dangerous object, on the wall, and “packers”;

In other words, the victim's face can be seen as "the dead person", and the victim's face can be moved to the police because of the victim's report to the police, and the victim's head collection, which is a dangerous object, was taken, and the victim's head collection to escape from it is cut off and buckbucks are cut off, so that the victim can receive treatment days.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to criminal investigation reports, field photographs, photographs of each victim, cellular phone pictures, investigation reports (Attachment to photographs of parts on the victim's wife);

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (a point of special injury), and Article 366 of the Criminal Act (a point of destroying property and a choice of imprisonment with labor);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act is not yet included in the number of days of treatment, which is the excessive amount of objects dangerous to the victim, by destroying the cellular phone of the victim who made a female-friendly arrest and destroying the cell phone.

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