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(영문) 대전지방법원 논산지원 2016.08.19 2016고단60

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 23, 2015, the Defendant who damaged property is expected to find out at a place where the mother of the Defendant is working without disclosing his identity by phone call from the victim F (61) on the road in front of the Etype and front of the Etype and in front of the Etype and in front of the Masan City on July 23, 2015.

Considering that the victim is trying to harm the mother of the defendant, Handphones equivalent to 300,000 won in the market value owned by the victim were put on the floor and damaged its utility.

2. In the date, time, place, etc. set forth in paragraph 1(1), the injured Defendant inflicted an injury on the victim’s cage cages No. 9 and 10 on the left-hand side of the victim, which require approximately 6 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Results of factual inquiries into the President G of the Ethical branch;

1. Application of Acts and subordinate statutes of a medical certificate;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Punishment of Crimes (Assault) [Scope of Recommendation] : In the case where the basic area (4 to 1 year and 6 months) (including efforts to recover damage), which is not subject to punishment (including special mitigation) or considerable damage) / In the case where considerable damage has been restored, the scope of recommendation / [the scope of recommendation] of the special mitigation area (1 to 6 months) / [the special mitigation area (1 to 4 months] of the special mitigation area (1 to 6 months) / In the case where the special mitigation area (including serious efforts to recover damage) or significant damage has been restored, the final mitigation scope according to the majority of crimes: April 1 to 9 / [the degree of punishment ordered by the defendant is less than 100,000 won, but the defendant was less than 40,000 won against the victim.