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(영문) 서울북부지방법원 2021.03.12 2020고단4204
특수상해등
Text

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

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 September 10, 2020, the Defendant: (a) collected news reporting block (the width of 22.2cc and 11.1cc and the 3.3km weight of 11.1cc), which is a dangerous object located on the floor where a victim C (the remaining and 54 years old) expressed a desire to her; (b) around September 21, 202, at the bus stops located in Seoul, China-gu B, Seoul, and caused an injury to the victim’s head on the left side and the number of days of treatment.

2. The Defendant damaged public goods at the time and place specified in paragraph 1, and then damaged the bus stops and glass plates owned and managed by Seoul Special Metropolitan City established at the same place so that the Defendant damaged the repair cost equivalent to KRW 946,00 by putting the bus stops and glass plates owned and managed by Seoul Special Metropolitan City.

Accordingly, the Defendant destroyed the goods used by public offices, thereby impairing their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photo on the parts of an injury, photo on the sidewalk, or photo on the sidewalk;

1. Application of the written estimate statutes;

1. Relevant Article of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury) and 141 (1) (a point of damage to public goods and choice of imprisonment with prison labor) of the Criminal Act concerning the facts constituting an offense;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following favorable circumstances);

1. The reason for sentencing under Article 62-2 (1) of the Criminal Act on the suspension of execution of the community service order under Article 62-1 (1) of the Criminal Act (the following favorable consideration):

1. Scope of punishment by law: Imprisonment with prison labor for six months to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime No. 1 (damage to Goods for Public Use) [Type 1] The invalidation and destruction of goods for public use [No. 1] the invalidation of goods for public use [no person subject to special sentencing] [the territory of recommendations and the scope of recommendations] basic area, six months to one year and six months;

(b) Specific injury [Class 1] Special injury [Special Sentencing Person] mitigated element of punishment (Special Sentencing Person] of No. 2 (Special Bodily Injury] (Determination of Type] violent crime (Special Bodily Injury)

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