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(영문) 대구지방법원 포항지원 2016.10.13 2016고단989

상해등

Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. Injury;

A. On July 14, 2016, around 22:00 on July 14, 2016, the Defendant: (a) parked his typ car in the vicinity of the greenhouse complex located in Nam-gu, Nam-gu, Mapo-gu; and (b) left the face of the victim and the bridge of the victim’s face and the bridge during the dispute with the victim D (the age of 24) within that scope; and (c) carried the victim’s face and the bridges of the bridge where the number of days of treatment cannot be known to the victim.

B. On July 15, 2016, the Defendant committed the crime at around 19:50 on July 15, 2016.

At the point of “F” located in Nam-gu E at the time of port operation of the victim as described in the port, the victim was bleeped several times in the face of the victim, on the ground that the victim was argue from the victim who was assaulted as above, and the victim was blicked several times in the face of the victim’s face.

2. The Defendant who destroyed and damaged property shall be subject to paragraph 1(b).

§ 1-b) at the time and place described in the subsection.

In the course of assaulting the victim as described in the paragraph, it was destroyed by adding the main visit owned by the victim several times to the amount equivalent to one million won per repair cost on the ground that the victim did not visit the main visit to avoid assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs photographs of damaged doors and photographs on the part of the damage;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of damage);

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 366 of the Criminal Act (the point of causing property damage and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment and concurrent crimes resulting from injury on July 15, 2016, the largest punishment and concurrent crimes resulting from injury)

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

1. The sentencing guidelines set forth in Part I (Recommendation Scope) general criteria for crimes (Recommendation Scope) committed in Part I in the area of mitigation (two months of imprisonment or one year of imprisonment) (Special Mitigation) committed in Part II in the area of mitigation (the scope of recommending punishment) (the scope of punishment).