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(영문) 창원지방법원 진주지원 2020.03.04 2020고단32
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the father of the victim B (23 years of age).

1. Around 01:50 on October 20, 2019, the Defendant suffered special injury: (a) at the Defendant’s house located in Jinju-si, the Defendant ordered the victim to place D’s “D” order at D’s house; (b) but the victim had a dispute with the victim with “D” at another place; (c) while the victim and the victim were in dispute with the victim, the victim was suffering from the victim’s head by putting the victim with a hicker, which is a dangerous thing for a defect of the Defendant’s taging the Defendant.

Accordingly, the defendant carried dangerous articles and suffered bodily injury to the victim.

2. The Defendant, at the time and place of paragraph (1) and on the ground that the victim, who was assaulted, such as paragraph (1), reported 112, laid off his cell phone and laid the cell phone again, laid the cell phone onto the toilet changeer, thereby having the victim broken down.

Accordingly, the defendant damaged the mobile phone owned by the victim to the extent that the repair cost is equivalent to 195,500 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of photograph (Evidence Nos. 3 and 11), 112 Handling table of reported cases, and statement of repair expenses;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

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. Scope of recommended sentences according to the sentencing criteria;

(a) The basic area of the injury resulting from a special injury (specific injury) and repeated crime (type 1), six months to two years;

(b) Group 2 crime (Destruction and Damage of Property) (Type 1), basic area, such as damage and damage of property, four months to ten months;

(c) Application of standards for handling multiple crimes: Imprisonment with prison labor for six months to two years;

2. In the past of the decision of sentence, violence shall be committed repeatedly in home.

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