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(영문) 대전지방법원 천안지원 2017.03.30 2016고단2248

상해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2016, the injured Defendant: (a) 110-dong 1204 of the Defendant’s apartment house B at Asan-si, Asan-si, 110-dong 1204, and then (b) heard urine from the victim C (the 52-year age), she surd the victim’s neck with two descendants; (c) she surd the victim’s face; and (d) tightly attached the victim’s face to surbly sar; and (e) she inflicted injury on the victim, such as “the surdy with no open two wife,” which requires treatment for about 14 days.

2. The Defendant damaged property at the time, time, and place described in paragraph 1 that “to request the company to refrain from speaking by telephone” was heard from the victim, and damaged the Defendant’s 70,000 won of the market value of the victim’s possession, which was cited by the victim, by galloning S5 smartphones on the floor.

3. A special intimidation: (a) the Defendant: (b) taken the victim at the time, at the place, as described in paragraph (1) at the time, at the time, and at the place, as described in paragraph (1); (c) took one food blade (25 cm in total length, 20 cm in length) and one excessive (15 cm in total length, 10 cm in length in length); and (d) intimidation the victim as “picker”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) (a) of the Criminal Act, the choice of imprisonment for the crime, and the choice of a sentence;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) A crime referred to in subparagraph 1: A crime of special intimidation [the scope of a recommendation] where damage has been restored to the mitigated area (4 months to 1 year), the mitigated area (4 months to 1 year), the punishment not for a person subject to special mitigation (including serious efforts to recover damage), or a considerable part of damage has been restored;

(b) Class 2: the crime of injury.