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(영문) 광주지방법원 해남지원 2017.09.21 2017고단273
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim B(56) are married couple.

1. On April 27, 2017, the Defendant: (a) was suspected of having committed an act without any ground at his own house located in Jindo-gun C, Jindo-gun on April 27, 2017; (b) was frightening the body of the victim by drinking the body of the victim; (c) was broken up the fire parts in front of the entrance; and (d) discharged the victim’s knicked hand, which is a dangerous object of the victim’s head, with the string of the head; and (d) sustained the victim’s knick hand, etc. with approximately three weeks of medical treatment.

2. Around April 28, 2017, the Defendant damaged the victim’s clothes, booms, bags, cosmetics, etc. by gathering them from the party to the house on the ground that they do not grow up due to the aforementioned circumstances at the above place on April 28, 2017. The Defendant damaged the victim’s unclaimed property at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report an investigation (including photographs of a victim, victim submission photographs, photographs of site visits, photographs of the first site, photographs of the first site, and all accompanying photographs when called the scene), and application of reports on the investigation into the status

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) (the point of inflicting an injury on carrying a dangerous object) of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Application of the sentencing criteria;

(a) Type 1 (Destruction of Property, etc.) in the mitigation area (one month to six months) (special mitigation person) in the general standards; and

(b) Application of the standards for handling multiple crimes: Imprisonment with prison labor for not less than one month (the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes in the former part of Article 37 of the Criminal Act.

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