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(영문) 광주지방법원 2020.05.14 2019고단4059
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 23, 2019, at around 00:50, the Defendant: (a) parked the victim’s c (SM5) car in front of the C (SM5) car driven by the victim B (SM5) in the vicinity of the 161-ro 19, a New Singu in Gwangju Mine-gu, without any reason, while under the influence of alcohol on the roads near Busan IC on August 23, 2019; (b) killed the victim’s breath of breath; and (c) breath of the breath’s breath, breath of the victim’s face; and (d) dumpeded the victim’s bla

2. The Defendant damaged the property by breathing two doors of the C(SM5) car driven by the victim without any reason under the influence of alcohol at the time and place specified in Paragraph 1. The Defendant destroyed the said car in order to use the repair cost to cover KRW 2,798,547 by cutting the blicks and the roof of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (investigation into attaching parts of damage caused by a victim's car, his/her body photograph, and video data);

1. Application of the Acts and subordinate statutes of the injury diagnosis certificate, estimate for automobile inspection and maintenance, register of automobiles (C);

1. Relevant Article 257 (1) of the Criminal Act (the point of injury) and Article 366 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury): General injury [No. 1] General injury (Special Punishment) mitigated element: Minor injury [The area of recommendation and recommendation range] mitigated area, and two months to ten months of imprisonment; and

B. The basic area of crimes No. 2 (Determination of Punishment) [No. 1] destruction of property [No. 1] destruction of property [the scope of recommending area and recommending range].

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