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(영문) 부산지방법원 2015.06.04 2015고단44

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2014, the Defendant: (a) around 03:00 on the front side of the “D fireworks” located in the Geum-gu Busan Metropolitan Government, the Defendant: (b) reported that the Fenz, the owner of the victim E (the age of 51), passed by the vehicle; and (c) destroyed the said vehicle to have the rear pans of the said vehicle KRW 100,000,000 for repair cost, without any reason, under the influence of alcohol; and (d) caused damage to the rear pans of the said vehicle at a time.

2. The injured Defendant, at the same time and place as set forth in Paragraph 1, asked that the above victim reported the above act of the Defendant at the vehicle, called “Isle,” and asked the victim’s head at the same time and place as above, without any special reason, to see that the victim’s face can be taken up by drinking on the chest, and then the victim’s face can be cut up by drinking on the chest, and the victim’s head can be cut up by only one hand, affixed the victim’s hand on several occasions, affixed the victim’s hand to the floor, and then the victim’s face was satisfyed for about six weeks of treatment, and the victim suffered injury, such as cutting down the frame (in the middle of the lower side, satisfy, closed) of the twolley floor where the victim’s face is to be treated for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. Medical certificates and opinions;

1. Application of the statutes governing vehicle estimates;

1. Articles 257 (1) and 366 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] general injury (the scope of general injury) is the basic area (the person subject to special mitigation) (including the person subject to special mitigation) or the case where considerable damage has been restored to the victim’s body without any justifiable reason / the serious injury (the first and fourth types) [the decision of sentence] / the defendant damages the victim’s body without any reason, thereby causing serious injury to the victim, and an agreement with the victim.