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(영문) 창원지방법원 2017.05.25 2016고합287
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 8, 2016, the Defendant: (a) around 00:30, the Defendant destroyed the property by gathering the floor of the 50,000 won of the market price owned by the victim, which was in front of the instant singing room, on the ground that the victim’s 32 years old building in Seongbuk-gu, Sung-si, Sung-si, Sung-si, would drink with the Defendant’s “Fingering room” in the “Fing room” in the “Fing room; but (b) the Defendant, on the ground that the victim was dead, was able to take the floor of the floor of the 50,000 won of the market price owned by the victim.

2. At the above time and at the above place, the Defendant was in line with the hacker protection net with dangerous material, e.g., the hacker’s face.

Accordingly, the defendant carried dangerous objects and carried them at the left-hand side of the victim in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (hereinafter referred to as “F sing CCTVs” analysis), investigation report (to hear statements from the victim’s telephone), investigation report (to attach an injury diagnosis report);

1. Application of statutes on on-site mobilization reports;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a point of damage to property and choice of imprisonment) 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 Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of [the scope of recommended punishment] of the sentencing criteria of Article 62-2 of the Criminal Act in the case where the basic area (including April to October) of types 1 (the special mitigation) [the person subject to special mitigation] of punishment (including the serious effort to recover damage) or significant damage has been restored / The application of the standards for handling multiple crimes in the case of causing danger to life or body (1 and 2) of multiple crimes: imprisonment for not less than four months (the sentencing criteria for special injury crimes).

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