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(영문) 전주지방법원 군산지원 2016.08.17 2016고단612
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2016, at the E reconstruction Association office located in Gunsan City, around 17:30 on June 9, 2016, the Defendant, while talking with the victim F, who was the president of the Association, was at the victim F, who was in danger of having retired from the office of the president of the Association, and was faced with the victim by a wood table, which is a dangerous object, and continuously caused the victim's head and body by drinking and sprinking the victim's head and body for about 14 days.

2. The Defendant damaged property at the same time and place as above 1.1 billion won of the victim F, thereby having a department which was composed of a victim’s timber donor owned by the F, thereby damaging the victim’s property equivalent to 1.1 billion won of the market value, such as one consignee of timber and two glass equivalent to 70,000 won of the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. On-site photographs, damaged photographs, and CCTV photographs;

1. CCTV images;

1. Copies of the medical certificate of injury and medical records;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 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 (1) 3 of the Criminal Act to mitigate small amount;

1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is [the scope of the recommended sentence] general injury [the scope of the recommended punishment] [6 months-2 years] of the aggravated area (the person subject to special aggravated punishment] [the person subject to special aggravated punishment] of group or multiple force] of group or group, or carried a deadly weapon or other dangerous articles (except where the group of crimes subject to habitual injury, repeated crime, special injury] [the decision of sentence] is contrary to the defendant's mistake, the fact that the crime of this case seems to have occurred contingent, the victim deposited three million won as compensation for damage, and the defendant's age, family relation.

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