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(영문) 대구지방법원 안동지원 2016.07.22 2016고단373

특수상해등

Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. On May 10, 2016, at around 00:40 on May 10, 2016, the Defendant damaged the property by putting the door door in two grandchildren and destroying the property owned by the victim equivalent to KRW 100,000 at the market price by putting the door to the door (area 60cm, height 200cm) on the ground that the victim did not open the door.

2. The Defendant, at the time and place specified in paragraph 1, sustained a beer’s disease, which is a dangerous object on the table, was placed in the table, and inflicted injury on the victim, such as beer’s dynasium and tension, which requires approximately three weeks of treatment on the victim’s face by drinking the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D and F;

1. Reporting on the arrest of a case;

1. A report on internal investigation:

1. The application of each investigation report (related to the market price of the damaged entrance, the F Injury diagnosis report, and accompanying materials) and the statutes governing the materials to be attached;

1. Relevant legal provisions concerning facts constituting an offense and the point of inflicting an injury upon carrying dangerous objects: Article 258-2 (1) or 257 (1) of the Criminal Act: Article 366 of the Criminal 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Recommendations type on the sentencing criteria;

(a) 1) Determination and damage of the type, general standards, type 1 (property damage, etc.) 2) Determination and punishment of the person who is subject to special sentencing (property mitigation factors) 3) 4) 1) month to six months from the scope of punishment, 1) month to six months;

B. At least one month of imprisonment with prison labor for the final recommendation that applies the standards for handling multiple crimes (a special injury crime for which no sentencing guidelines are set is set).