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(영문) 창원지방법원마산지원 2020.09.08 2020고단432

특수상해등

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. A special injury: (a) around 07:05 on April 25, 2020, the Defendant: (b) held the victim during drinking alcohol together with the victim D at the C frequency located in Chang-si, Changwon-si B; (c) however, the victim called “Is tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin on the thm column; (d) caused the victim’s injury to the victim by gathering stin tin tin tin tin who is a dangerous object on the table, and raising the victim’s head one time, and causing approximately two weeks of injury to the victim.

2. Around 08:15 on the same day, the Defendant damaged the victim’s property by destroying one set of entrance doors (a.e., 49cm, 230cm in length) equivalent to KRW 130,000 in the market price of the victim, which is the victim’s property, from the street corner of the F operation of the victim F, who is the wife of the said D, in Changwon-si, Changwon-si E, and for the same reason, he laid down the door door at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A investigation report (with respect to the confirmation ofCCTV);

1. Application of Acts and subordinate statutes to a report on investigation (limited to submission of a medical certificate and written estimate);

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (the occupation of special injury and penalty only), and Article 366 of the Criminal Act (the occupation of destruction and damage of property and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope that the sum of the long-term punishments of the crimes of special injury, which are heavier than the punishment, is added thereto);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for a period from six months to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (Special Bodily Injury) (Special Bodily Injury Determination) (Special Bodily Injury) ; 02. An injury resulting from a special injury or repeated offense (Type 1).