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(영문) 서울북부지방법원 2019.05.02 2018고단4694

상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2018 Highest 4694] On October 14, 2018, the Defendant, at around 18:50 on October 14, 2018, sustained the right side of the victim who was living together with the victim C(s) in a de facto marital relationship with the victim C(s) in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and was living with the victim at the same time, and was living on the floor once, causing the victim's injury to the right side of the victim who was seated on the floor for about five weeks.

[2019 Highest 703] around 01:10 on November 11, 2018, the Defendant: (a) under the influence of alcohol in front of the above house located on the second floor B of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant destroyed the above front door, which is owned by the victim’s name-free box, by destroying the front door glass by opening the door, and reporting it to the police as soon as possible; and (b) destroying the above front door, which is owned by the victim’s name-free box.

Summary of Evidence

【2018 Highest 4694】

1. Statement of the accused in the first protocol of trial;

1. A written statement prepared in C;

1. Each damaged photograph (C) 【2019 order703】

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning damaged literary photographs;

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

1. Of concurrent crimes, the crime of this case, among concurrent crimes, for the reason of sentencing as prescribed in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes, which is heavier than the punishment to the punishment prescribed in the crime of serious injury), is deemed to inflict injury on the victim in a de facto marital relationship, damage property, and damage property; even if the victim suffered injury while drunk, it is anticipated that the risk of recidivism would be high in light of the defendant's tendency to inflict injury upon the victim, or the past punishment power, etc., committed by the victim. The degree of injury suffered by the victim is relatively significant.