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(영문) 대구지방법원 2017.10.19 2017고단3952
특수상해등
Text

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

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

Reasons

Punishment of the crime

1. On June 1, 2017, the Defendant: (a) found it in the village village located near Yongcheon-si D on June 1, 2017; and (b) installed a correction device on a hack chain, which is a dangerous object to open the door of the above hack-si; and (c) damaged the correction device of the above hack-si, the victim’s ownership.

2. The Defendant, at the time, and at the place described in paragraph 1, has been subject to a claim from the victim E, who is the management of the above official justice, and has been found to have a sound when he was equipped with a corrective device with a hiff as described in paragraph 1, such as at the time and place.

“The victim was at least 14 days at a price at one-time for hacks and sculflass fishing, which are dangerous objects with the meaning of “..........................

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation reports (Analysis of contents of files to be submitted or recorded by victims);

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning 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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (with respect to special injury crimes, consideration of favorable circumstances among the following reasons for sentencing) of the mitigated amount

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] habitually, repeated crimes, and special damage areas of Class 1 (Habitual, repeated crimes, special damage, etc.) (4 to 10 months) in the mitigation area (4 to 10 months), where actual damage is insignificant, the special property damage subject to the sentencing guidelines for which the sentencing guidelines have been set and the special injury offense for which the sentencing guidelines have not been set are not set are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the above recommended punishment is deemed to be concurrent crimes.

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