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(영문) 서울북부지방법원 2015.11.13 2015고단3527

상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(n, 75 years of age) are between the mother and child.

1. Around April 5, 2015, at around 17:50, the Defendant destroyed special property damage by putting a television brode, beer, beer, and, at around 17:50, 114-dong 1101, Dobong-gu Seoul Metropolitan Government D apartment 114-dong 1101, the victim refused to make a request from the Defendant to make a “fluoring the amount of money,” the Defendant destroyed by breaking the brick ( approximately 20cm in length, approximately 10cm in length, approximately 5cm in thickness, about 5cm in thickness), which is a dangerous object, in the market price of the victim.

2. At the same time and at the same place as above 1. Paragraph 1., the injured Defendant: (a) destroyed the bricks as above; (b) attempted to report it out of the victim; (c) prevented the victim from leaving; and (d) caused the victim to go up to the floor; and (c) assessed the face and head of the victim’s face and head head by drinking and launching, and caused the victim to take brain-dead treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 257(1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, where the aggravated area (1 to 2 years) of the first type (1 to 1) of habitual, repeated, special damage, etc. (1 to 2 years), [1 to 2 years] of the aggravated area (1 to 2] of the Act on the Aggravated Punishment (1 to 6 years of general injury) (2) of the Act on the Aggravated Punishment (1 to 2) of the Specific Damage (2) of the Act on the Aggravated Punishment (6 to 2 years of general injury) of the Act on the Aggravated Punishment (6-2) of the Act on the Aggravated Punishment (1 to 4), minor injury (1 to 4) of the Act on the Aggravated Punishment of the Aggravated Punishment of the Victims who are vulnerable to the crime, the scope