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(영문) 수원지방법원 2017.08.10 2017고단1066
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 20, 2017, at around 05:22, at the house of the victim D (n, 32 years of age) in Suwon-si, Suwon-si, Suwon-si, Seoul-si, 201, the Defendant destroyed a 10-year relationship with the victim by reporting that the victim was in the relationship with another male, and by reporting that the victim was in the relationship with the other male, the victim was in the relationship with the other male, and by making up the television, electronic, simplified consignment, etc. owned by the victim with the golf loan No. 10, which is a dangerous thing

2. On January 20, 2017, the Defendant: (a) around 05:27, at the Bara parking lot, on the ground of the case described in the foregoing paragraph 1, carried out the body of the Defendant out of the above paragraph on a number of occasions with golf loans No. 10, i.e., a dangerous article by the said victim; and (b) caused injury to the Defendant, i.e., a 14-day medical treatment for approximately 14 days, and a spambling part under the body of the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation records of the police suspect regarding D;

1. E statements;

1. On-site CCTV data CD (1), on-site CCTV photographs;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the protocol of seizure, list of seizure and photograph of seized articles by the prosecution;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Article 369 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act (a point of destroying special property, or choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

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

1. Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria;

A. Crimes of destroying Special Property [Scope of Recommendation] Habitual, Habitual Offense, and Special Destruction (Habitual Offense, Habitual Offense, Special Damage, etc.) are subject to mitigation (4 months to 10 months) (including special mitigation) or significant damage is restored.

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