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(영문) 전주지방법원 2017.05.19 2017고단399
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The injured Defendant is operating a restaurant in Kim Jong-si D.

On January 17, 2017, the Defendant came to know of the fact that the Defendant was running a restaurant business in the instant H G (51 Do) operated by the Victim G (51 Do) in Kim Jong-si, Kim Jong-si on January 17, 2017, and that the Defendant did not run the restaurant business in the current status with the Defendant’s wife and the victim’s incompetence, but the victim was running the restaurant business, and the victim was running the restaurant business.

“Along with the victim’s face at six times of drinking, the victim’s face was taken at ten times, and the victim suffered approximately four weeks of treatment, and the victim suffered injury, such as mecons and internal walls.

2. On January 17, 2017, the Defendant damaged property by putting the glass of the entrance door of the above restaurant at around 20:15, at the above place, the victim owned at the entrance of the above restaurant, at the market price of KRW 650,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each photograph;

1. Each written diagnosis;

1. Application of the receipt statute

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Review of the sentencing criteria;

(a) First-Class (Crime of Bodily Injury) (Scope of Punishment) in general; First-Class (General Bodily Injury) in the basic area ( Imprisonment with prison labor for up to four months from one year to six months);

(b) Class 2 crime (Crimes of Destruction and Damage) (Scope of Punishment) basic area (referring to imprisonment for not less than 4 months from 10 months to 10 months);

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than four months from one year to one year; and

2. In the circumstances favorable to the decision of sentence, the defendant recognized all of the crimes of this case, and the defendant was punished differently in addition to the fine imposed once for the crimes of this case.

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