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(영문) 청주지방법원 제천지원 2017.06.29 2017고단91

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 7, 2017, at around 22:20, the Defendant: (a) stated that “D” in front of the “D”; and (b) the Victim E (22) who had drinking alcohol was fluencing at the same time, “A fluencing fly with F, this would give me first; (d) but the victim said that “I am fying and I am if I am.” but, on the ground that “I am fying and I am. I am am, I am am kn am.”

Accordingly, the defendant injured the victim.

2. The Defendant damaged property at the time and place indicated in paragraph 1, defects in reporting the above assault to the police by using a mobile phone, and left a Soviet mobile phone 7 in so far as galloning the injured party’s lusium, and attached 49,500 won for repairing expenses to the extent that the Defendant got off the cell phone of the injured party’s lusium.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Medical certificates (E);

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with severe injury (within the scope of adding up the long-term punishment of the above two crimes)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

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

(a) Where the mitigated area (two months to one year), in the mitigated area (including special mitigation), the punishment is not imposed (including serious efforts to recover damage), or considerable partial damage is recovered;

(b)an offence of destroying property;