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(영문) 부산지방법원 서부지원 2019.05.15 2018고단2232
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 15:00 on September 3, 2018, the Defendant made drinking alcohol on the Ddab of the operation of the victim C in Busan Seo-gu, Busan, without any reason, and spit it on the multi-faced floor, and made a bath to the employees, restrains it, and spit off “the victim”. The Defendant is clear that “148,500 won” as stated in the indictment of KRW 148,500, which is written on the floor-line of the operation of the victim C is a clerical error in calculation.

Along with the face of the victim who is a food, the victim's lux 3,300 won and 4.5 square meters in a considerable amount of floor board (unit 3,300 won/p. x 4.5 square) has caused a hole, and the victim's lux is damaged by the inner lap of the market value equivalent to KRW 300,000,000, in which the victim was worn by the victim, and the victim was damaged by the inner lap of the market value equivalent to KRW 300,00,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the accusation report (including an injury diagnosis report and each photograph), investigation report (a statement that it may not be investigated in a written estimate and file for damage to a board);

1. Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a crime of causing damage to property and a crime of causing bodily injury due to damage to a design, and a punishment imposed on the crime of causing serious injury shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the most severe injury);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are the same criminal records of several times, but they again commit the instant crime.

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