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(영문) 인천지방법원 부천지원 2021.01.08 2020고합31
특수상해등
Text

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

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

The victim B(n, 65 years old) is a person operating the "O multiples" on the 1st underground floor in Bupyeong-si C and the defendant and the victim D(49 years old) are visitors visiting the aboveO multiples.

1. In around September 16, 2019, the Defendant of assault and property damage: (a) around 20:30 on September 16, 2019, the victim was fluored for trial expenses on the ground that the victim D was fluor himself/herself; (b) the victim got out of the damaged victim; and (c) before the “F convenience store” located in E, the victim was fluored with the victim’s bridge by gathering plastics and water; (d) the victim’s face on which he/she was fluored with a fluor, and (e) assaulted the victim’s fluor when he/she was fluored one time at the victim’s face, and at the same time, damaged the victim’s fluor.

Accordingly, the defendant assaulted the victim and damaged another's property at the same time.

2. On September 16, 2019, at around 20:35, the Defendant: (a) laid the marithy cover of the instant multi-section entrance (40cm wide, 55cm long, 55cm long) with hand on the part of the stairs of the said multi-section entrance, without any justifiable reason, around September 16, 2019; and (b) carried the victim B with the victim’s left hand, where the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Application of the Act and subordinate statutes to the victim victim B of the 112 Report List No. 112, such as the Defendant’s partial statement G, B, H, and I’s photographs damaged by the police protocol No. 112 on each legal statement D

1. Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage to property), and Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the facts of crime;

1. Selection of imprisonment with prison labor for the crime of destroying property selected under Articles 40 and 50 of the Criminal Act (the crime of assault and damaging property, and the punishment between the crime of destroying property and the crime of destroying property which are heavier)

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes (the penalty specified in the heavier special injury).

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