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(영문) 춘천지방법원 2020.11.19 2020고단917
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

1. Around December 21, 2019, the Defendant suffered special injury: (a) around 21:00, at the Defendant’s residence located in the Gangwon-do Gangwon-gun B; (b) while drinking the victim C (the age of 61) and drinking, he/she brought an dispute with the victim; (c) he/she brought the victim’s head at one time, which is a dangerous object located therein; and (d) brought the victim’s head at one time, and (e) the victim’s head needs to be treated for about 14 days.

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

2. Damage to property;

A. On June 9, 2020, the Defendant attended the opening ceremony of “D” operated by the victim C in Gangwon-gun, Gangwon-do around 18:00 on June 9, 2020, and got drinking, the Defendant: (a) was damaged on the floor on the ground that the victim did not trade the coffee with the transaction partner originally promised; (b) on the ground that the victim did not trade the coffee; and (c) on the ground that the market price, spaws, cups, etc. were collected on the floor.

Accordingly, the defendant damaged the victim's property.

B. On June 22, 2020, the Defendant, at around 17:00 on June 22, 2020, called the “A” at the same place as the above “A”, and destroyed the victim’s phone to kill the victim C, but the victim called it without receiving the phone. However, the victim was at the same time, and the victim was at least KRW 4,615,000 of the market price at the same place, and was at least KRW 4,615,00 of the total market price at the market price.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a report on the investigation of an injury written diagnosis, a report on an investigation (Attachment to a card lease agreement), and a report on an investigation (Attachment to a card lease agreement);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 366 of the Criminal Act, each of which is applicable to the crime;

1. Aggravation for concurrent crimes;

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