상해등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On December 7, 2018, the Defendant: (a) around 21:00 on the 21:00 of Pyeongtaek-si Btel C, on the ground that the victim D (n, 23 years of age), who is a string of Pyeongtaek-si Btel C, entered another male’s phone number into a mobile phone, carried out the victim’s head and right part of the victim’s head and right part, making it difficult for the victim to know the number of days to be treated.
2. The Defendant of the damage to property requested the victim to show Samsung Tallon S9 mobile phones owned by the victim at the above time and at the above place, but the victim was deprived of the aforementioned mobile phone which the victim did not respond to it, thereby damaging that amounting to KRW 513,00 in repairing cost, such as liquid exchange, etc.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's office and the police's statement concerning D;
1. D damaged photographs, receipts of emergency medical expenses, on-site photographs;
1. Application of Acts and subordinate statutes to a report on investigation (report on the submission of a statement of mobile phone repair cost by the victim);
1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of causing damage to property), and the choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury): General injury [Type 1] general injury (including a special person who has been punished): Reduction element: Where a penalty is not imposed (including a serious effort to recover damage) or considerable partial damage is recovered (in the area of recommendation and the scope of recommendation), reduction area, imprisonment with prison labor for two months through October;
(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property) (Destruction of Property): Damage of Property, etc. [No. 1] Damage, etc. (Special Aggravation): Damage of Property: Damage of Property, etc. (including serious efforts to recover damage) or significant damage has been recovered.