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(영문) 수원지방법원여주지원 2020.10.06 2020고단896

특수상해등

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On June 14, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for special obstruction of performance of official duties, etc. by the Suwon District Court, and the period of parole passed on February 25, 2019.

1. Around 18:00 on July 17, 2020, the Defendant suffered special injury: (a) while drinking alcohol together with the Victim C (Nam, 44 years of age) at the Defendant’s house located in Gyeonggi-si B, the Defendant: (b) made it difficult for the Victim to hear the horses of the Victim; (c) made it difficult for the Victim to do so; (d) made a pipe of alinium material of alinium (including about 2 m: 50m in length, about 50cm in length) on his hand on the ground that the Victim did not hear the horses; and (e) when the Victim took a pipe back again to the right side of the Victim, the Defendant inflicted injury on the Victim, such as damage to the head alin of the part of which detailed treatment is necessary between 28 days is unknown.

2. The Defendant causing property damage, on the grounds that the victim reported the Defendant to the police at the time and place specified in paragraph (1), destroyed the above cell phone by galloning 5 mobile phones equivalent to 60,000 won in the market value of the victim’s possession, which was cited by the victim, and cutting off the gallon to the Defendant’s house’s cell floor, thereby damaging

Summary of Evidence

1. Defendant's legal statement;

1. A and C’s written statement of on-site photo C, written statement of the injury diagnosis report, and written statement of damage estimate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and criminal investigation reports (Attachment to military records for identical repeated crimes of the accused);

1. Articles 258-2 (1), 257 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The range of recommendations from April to November of the year (Basic Area); and

2. The fact that the sentence is a repeated offender, the form of act, the motive and circumstance of the crime, the degree of injury, etc. is disadvantageous;