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(영문) 창원지방법원 거창지원 2018.05.16 2018고단48
상해등
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 and the victim C(n, 32 years of age) were related to each other.

1. On November 11, 2017, the Defendant: (a) around 02:00, in front of the second apartment guard room of the Geum River Dog Dog-ro, Gosung-gun, Gosung-gun, Gosung-gun, the Defendant: (b) obstructed the victim from suffering the victim’s loss on his/her hand on the ground that the victim was avoiding himself/herself; (c) led the victim to his/her own D motor vehicle; and (d) led the victim to the victim beyond his/her own D motor vehicle; and (d) led the victim to his/her left kne kne to the extent that the number of days of treatment cannot be identified.

2. On February 14, 2018, the Defendant, who intrudes upon a special residence, found the victim from stairs around 02:30 on the same day, with F studio, where the victim living in Gyeongsung-gun, Jinnam-gun, and entered the 1st floor window of the studio building with dangerous objects (20cm in total, 9cm in length), and then waits for the victim from stairs, after finding the victim from the stairs around 02:30 on the same day, the Defendant sent the knife knife to the victim, and read, “I am much as you enter because the knife knife knife knife knife knife knife knife knife knife knife knife knif.”

As a result, the defendant carried a dangerous knife knife and invaded upon the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness C’s legal statement (a victim has made a concrete and mutually-written statement of each criminal fact in his/her own judgment from an investigative agency, consistent with the core statement, and there is no inconsistency between other evidence, such as the following photographs, and the victim’s statement, its credibility is recognized):

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs, seized objects photographs, knee- standing photographs, CCTV closure photographs;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor) concerning the facts constituting an offense, and Articles 320 and 319(1) of the Criminal Act (the point of special intrusion upon residence);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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