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(영문) 부산지방법원 2018.07.11 2018고단1885

상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 21, 2017, the defendant was sentenced to a suspended sentence of one year and six months for special bodily injury at the Busan District Court on September 21, 201, and the decision became final and conclusive on the 29th of the same month, and is still under the suspended sentence.

1. On April 20, 2018, around 05:10, the injured Defendant inflicted injury on the victim E (the victim 24 years old) of the victim E (the victim her mother) who is located in the building C of the Busan Dong-gu Busan Dong-gu, Busan, on the ground that the victim called the victim's mother and asked the victim to pay the money from the victim's mother, making the victim's face back to the victim's face. On the other hand, the injured Defendant suffered injury on the treatment days, such as making the victim take care of the victim's her face and walking the her head head several times, and making the victim take care of the victim's face.

2. The Defendant damaged property by impairing the victim at the time and place specified in Paragraph 1, on the ground that the victim’s assaulted the victim at the time and place, and thus, the market value, which was located in the victim’s location, was 8 mobile phones with walls, thereby impairing the utility of the victim, such as impairing the amount of the victim’s hophone 8 mobile phones.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Photographs of the victim's face;

1. A report on investigation;

1. A previous conviction in judgment: A written reply to inquiry, such as criminal history ( although the injured person states that he/she is not subject to hospital treatment, considering the face of the victim taken immediately after the crime, the fact that the defendant has inflicted an injury is sufficiently recognized);

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 (Assaults) - Scope of recommended sentences: Class 1 (General Bodis) in general mitigation area (one month to one year) - Special mitigation person: Insignificant injury, non-insignificant injury or punishment.

(b) 2 offenses (damages) - Scope of recommended sentences: Types 1 (Destruction of property).