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(영문) 춘천지방법원 영월지원 2018.07.10 2017고단485
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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 continued to reside on the second floor of the building owned by the Defendant, which was located in Pyeongtaek-gun, Gangnam-gun, Gangwon-do, without undergoing a monthly contact between the victim C (Y, 62 years of age) and the several months, followed by a food knife, which is dangerous articles, and led the victim to enter the residence of the victim and leaving the residence of the victim.

On August 25, 2017, the Defendant carried a knife knife (24 cm in total, 13.5 cm in length) that is a dangerous object in light of 09:50 on August 25, 2017, carried the knife knife to the third floor of the above building by using a bridge, and opened a second floor door door and intruded the victim’s residence.

After that, the Defendant discovered the victim in his room, and expressed the victim’s bath that “Is this sway and dyp, hyp, hyp, and hyp,” “Is hyp, hyp, hyp, and hyp.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.k.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.

In this respect, the defendant carried dangerous things into the victim's residence and carried dangerous things and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. On-site photographs;

1. A written diagnosis of injury;

1. Seizure records;

1. A seizure list;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 320, Article 319 (1) of the Criminal Act (a special intrusion on residence) concerning the facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act (a special injury) of the same Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant and his defense counsel’s assertion under Article 48(1)1 of the Criminal Act are the same.

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