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(영문) 제주지방법원 2016.09.22 2016고단1200

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. A property damage: (a) around January 2, 2016, at the victim D’s house located in Seopopo City C building 511, the Defendant returned a video machine equivalent to KRW 800,000,000 in the market price owned by the Defendant and used in exchange for singing machines owned by the Defendant; and (b) destroyed the said video machine on the floor and caused it to be broken down.

2. The injured Defendant: (a) destroyed and damaged video machinery at the time, at the same time, at the place as mentioned in the foregoing paragraph (1) and (b) destroyed and singing them with singing machines; and (c) caused the injured party D (M, 61 years of age) with the Defendant attached and putting them to his hand; and (d) brought them to his hand.

In sing machines, the face of the victim and the chest part of the chest were flicked once, and the victim's head was flicked by hand, and the victim's head was flicked so that the victim's treatment for about two weeks is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (report on the recording of witness E phone calls related to the verification of the contents of witness);

1. A medical certificate;

1. Application of Acts and subordinate statutes to related photographs;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment for the sentencing guidelines: the scope of the final sentence due to the aggravation of multiple offenses (4 months to 10 months), the basic area (4 months, and 10 months) (including damage, etc.) of the basic area (4 months, and 10 months) of the (4 months, and 10 months) (no person subject to special sentencing) of the basic area (4 months, 10 months) of the basic area (4 months and 10 months) of the reduced area (2) of the minor injury (1 and 1 years, 2 months: 4 months to 1 year and 4 months);

2. The age, sex, environment, relationship between the defendant and the victim, the means and result of the crime, the circumstances after the crime, the amount of punishment in a similar case, and other arguments in this case.